Pritchard-Jones, LG (2020) A LOCAL AUTHORITY V JB [2020] EWCA Civ 735 and A LOCAL AUTHORITY V AW [2020] EWCOP 24: RETHINKING SEXUAL CAPACITY? Medical Law Review, 29 (1). pp. 143-156.

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Abstract

In A Local Authority v JB and A Local Authority v AW the Court of Appeal and Court of Protection respectively had to consider questions regarding decision making about sexual relationships. This case commentary suggests that both decisions are to be welcomed in many ways, not least in the primacy they give to the role of consent within sexual relationships. However, working through their implications also reveals a number of perplexing legal and practical binds that cannot easily be overcome, and that in fact stem from the way that the Mental Capacity Act 2005 itself works. In light of this, the commentary concludes by suggesting that it is likely that there will be continued dissatisfaction with this area of law, and hints that the time may have come to rethink sexual capacity.

Item Type: Article
Additional Information: © The Author(s) 2020. Published by Oxford University Press; All rights reserved. For permissions, please email: journals.permissions@oup.com This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model) The final version of this accepted manuscript and all relevant information can be found online at; https://academic.oup.com/medlaw/advance-article/doi/10.1093/medlaw/fwaa028/5907555
Uncontrolled Keywords: best interests, capacity, mental capacity, Mental Capacity Act 2005, safeguarding, sexual relationships
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 11 Aug 2020 15:29
Last Modified: 17 Sep 2022 01:30
URI: https://eprints.keele.ac.uk/id/eprint/8532

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