Article 8 and the lack of capacity to consent to sexual relations (CH (by his Litigation Friend, Official Solicitor) v Metropolitan Council)

Article summary

Local Government analysis: What safeguarding obligations are local authorities under to ensure an individual’s capacity to consent to sexual relations? Sam Karim QC and Arianna Kelly of Kings Chambers examine the case of CH (by his Litigation Friend, Official Solicitor) v Metropolitan Council and says that while the case does not alter existing law, it provides useful guidance in relation to the need to prevent disproportionate interference with private lives under Article 8 of the European Convention on Human Rights (ECHR).