Challenges in observing a (remote) hearing at Swansea Civil Justice Centre: Capacity for contact and sexual relations

By Celia Kitzinger, 6th May 2022 I had no idea what this hearing would be about.  I picked it at random because I had an hour free at 10am on the morning of Friday 22nd April, and thought I could profitably use it to perform my civic duty of supporting open justice in the Court of Protection.   Here’sContinue reading “Challenges in observing a (remote) hearing at Swansea Civil Justice Centre: Capacity for contact and sexual relations”

Absconded

The tension is between, on the one hand, P’s autonomy and freedom, and on the other keeping her safe from harm. As Ben McCormack put it, “she’s been locked up for her own good, but she doesn’t like it”

Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test

By Samantha Williamson, 18th March 2022 Most of us couldn’t begin to imagine being told (as adults) that we are prohibited from spending private time with our chosen partner – and that we cannot be allowed to have sex with them. That’s been the case for 19-year-old T and her 25-year-old boyfriend since 19th November 2021.  Continue reading “Capacity to engage in sex: Putting the MCA’s foundational values to protect and empower to the test”

Capacity to engage in sex: Nine responses to the Supreme Court Judgment in Re. JB

The Supreme Court considered the issue of whether to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity, and must in fact consent before and throughout the sexual activity.

Capacity (and sexual relations) in the Supreme Court: Reflections on A Local Authority v JB

JB is a 38-year-old autistic man with impaired cognition. He has expressed a strong desire to have a girlfriend and engage in sexual relations with women, but the local authority has concerns that he does not understand that the other person has to consent to the sexual activity.

Capacity to Engage in Sexual Relations: A forthcoming Supreme Court hearing

By Charlotte Roscoe and Celia Kitzinger, 9th July 2021 Editorial Note: This blog post concerns a case in the Supreme Court. The Open Justice Court of Protection Project normally covers only cases in the Court of Protection. We have made an exception in this case (as we have before, for cases in the Court ofContinue reading “Capacity to Engage in Sexual Relations: A forthcoming Supreme Court hearing”

Is it lawful for C’s carers to support him in accessing a sex worker?

Z would not be able to make arrangements to visit a sex worker, or pay her, without the support of his team. The Local Authority and CCG have agreed that implementation of a carefully thought through sexual contact care plan to help Z access a sex worker would be in his best interests and they were prepared to commission a care plan. However, they would do this only if the Court would make a declaration that the care plan would be lawful and that no offense would be committed by the care workers in light of s. 39 Sexual Offences Act 2003, which criminalises actions that intentionally ‘cause or incite’ sexual activity involving a person who has a mental disorder, by a person involved in that person’s care.

Advance decisions on intimacy

“the proposal gives rise to strong feelings [and] poses challenges to conceptions of what we are willing to empower people to decide about in advance, and about how expressions of sexual preference could be ‘housed’ within such decisions where they may clash with the views of others around the person about what they consider to be acceptable.”