Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Category: Sexual relations
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection?
In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with… Read more
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Capacity, consent and sexual relations – the Supreme Court decides
The Supreme Court has for the first time looked in detail at what it means to have or lack capacity… Read more
The Sexual Offences Act, care workers, and paying for sex – the Court of Appeal pronounces
In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of… Read more
Sex and the limits of fluctuating capacity
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question… Read more
Paying for sex and the Court of Protection
In A Local Authority v C & Ors [2021] EWCOP 25, Hayden J had to consider the situation of C,… Read more
Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations
In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the… Read more
The Court of Appeal, decision-making capacity and sex: have we been getting it all wrong?
The Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has made clear that we have… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more