Court of Protection ruling: Man who does not understand consent has right to pursue sex

A recent Court of Protection judgment considers the test for capacity to consent to sexual relations and the need for an understanding of full consent from sexual partners.

JB is a 36 year old man with autism and impaired cognition. He lives in a supported residential placement. He does not have legal capacity and was represented by the Official Solicitor during the proceedings.

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Deprivation of Liberty Safeguards (DoLS) to be reformed

The Health Minister has endorsed the Law Commission’s recommendations to replace the current Deprivation of Liberty Safeguards (DoLS) with the more robust Liberty Protection Safeguards (LPS). The new regime will provide greater legal safeguards and transparency for individuals who are deprived of their liberty because they lack the mental capacity to consent to necessary care/treatment. Continue reading