A Local Authority v A and Another: CoP 24 Jun 2010

Bodey J set out the test of capacity as to whether a woman of low intelligence could herself decide whether to use contraception. The test for capacity to be applied to ascertain a woman’s ability to understand and weigh up the immediate medical issues surrounding contraceptive treatment includes consideration of:
(a) the reason for contraception and what it does (which includes the likelihood of pregnancy if it is not in use during sexual intercourse);
(b) the types available and how each is used;
(c) the advantages and disadvantages of each type;
(d) the possible side-effects of each and how they can be dealt with;
(e) how easily each type can be changed; and
(f) the generally accepted effectiveness of each.
Bodey J
[2010] EWHC 1549 (COP)
Bailii
mental Capacity Act 2005
England and Wales
Cited by:
AppliedA Local Authority v K COP 15-Feb-2013
ala_kCoP2013
K was a young lady llivng amid her family with Downs syndrome. The family were thought too want her to be sterilised. The local authority applied to the court to determine whether this should be prevented. It was agreed that she was not currently . .

These lists may be incomplete.
Updated: 20 April 2021; Ref: scu.431232