It had been decided that PC, a 43 year old woman, had capacity to marry, but the LA now argued that she did not have the capacity to decide to live with her partner, a man who had old convictions for serious sexual assault.
Held: Decisions as to the existence of capacity was always specific to the situation and the particular factual matrix and the context.
Judges:
Richards, McFarlane, Lewison LJJ
Citations:
[2013] EWCA Civ 478, (2013) 16 CCL Rep 298, [2014] 2 WLR 1, [2013] WLR(D) 176, [2013] Med LR 213, [2014] 1 FAM 10
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Sheffield City Council v E; Re E (An Alleged Patient) FD 2-Dec-2004
The council sought an order to prevent E, a patient from contracting a marriage which it considered unwise. As a preliminary issue the parties sought guidance as to the questions to be put to the expert as to capacity.
Held: The woman suffered . .
Cited – Local Authority X v MM and Another; re MM (An Adult) FD 21-Aug-2007
The test for capacity to consent to sexual relations must be the same in its essentials as the test in the criminal law; more importantly ‘a woman either has capacity, for example, to consent to ‘normal’ penetrative vaginal intercourse, or she does . .
Lists of cited by and citing cases may be incomplete.
Health, Family
Updated: 05 December 2022; Ref: scu.491839
