Case Law

Capacity to consent to sexual relations and capacity to engage in sexual activity: A Local Authority v JB [2020] EWCA Civ 735


By Tim Spencer-Lane Introduction Striking a balance between the principle that vulnerable people in society must be protected and the principle of autonomy is often the most important aspect of decision making under the Mental Capacity Act 2005 (MCA). As the MCA code of practice puts it (at paragraph 2.4): “It is important to balance […]

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