To my mind, the need for judges to adopt creative or pragmatic approaches to reach decisions they feel comfortable with indicates that the state of the law is less than satisfactory. Based on this case and the KF case, it sounds as though this is the direction that decisions about capacity to engage in sexual relations may now be headed: a finding of capacity on a general basis, but with the opportunity for reconsideration where specific individual risks arise.
Tag Archives: TZ-style care plan
“Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan
By Celia Kitzinger, 13th July 2022 The protected party at the centre of this case (COP 13627568 before DJ Glassbrook sitting in Northampton on 8th July 2022[i]) was described as “ a 19-year-old lady with diagnoses including Mild Learning Disability. Mixed Disorders of Conduct and Emotion, and Reactive Attachment Disorder of childhood”. Introducing the hearing for the benefitContinue reading ““Grave concerns”: Funding arrangements, capacity for sex, and a TZ-style care plan”
Promoting Open Justice in the Court of Protection 