Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy

‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk