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Court of Protection declares P has capacity to engage in sexual relations in the context of an appropriate package of care and contact arrangements (Re DY)

Published on: 25 May 2021
Published by: LexisPSL
  • Court of Protection declares P has capacity to engage in sexual relations in the context of an appropriate package of care and contact arrangements (Re DY)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: This case dealt with whether a young woman with two chromosomal duplicities, fetal alcohol spectrum disorder, and a moderate learning disability, had the mental capacity to consent to sexual relations. The court concluded that the protected party did have the requisite mental capacity and therefore directed that a care plan be developed to facilitate sexual relations for her. Written by Alex Cisneros, barrister at Outer Temple Chambers. or take a trial to read the full analysis.

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