header-logo header-logo

Home Login E-newsletter About us
16 February 2011
Issue: 7453 / Categories: Case law , Law reports
printer mail-detail

Mental health—Capacity—Sexual relations

© Copyright LexisNexis 2026. All Rights Reserved.

D Borough Council v AB [2011] EWHC 101 (COP), [2011] All ER (D) 71 (Feb)

Mental health—Capacity—Sexual relations

D Borough Council v AB [2011] EWHC 101 (COP), [2011] All ER (D) 71 (Feb)
Court of Protection, Mostyn J, 28 Jan 2011

The test for determining whether a person has capacity to engage in sexual relations is whether the person has sufficient rudimentary knowledge of what the act comprises and of its sexual character to enable him or her to decide whether to give or withhold consent.

Joseph O’Brien (instructed by the local authority solicitor) for the authority. Vikram Sachdeva for A.

The proceedings concerned A. He was aged 41 and was seriously challenged in all aspects of his mental function. Prior to the commencement of proceedings, he had shared a home with K, in accommodation provided by the local authority. He had a vigorous sex drive and at some point was reported to have  had a sexual relationship with K. Following reports of him behaving inappropriately towards children, the authority issued proceedings seeking a declaration that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
Read All
NLJ this week: Property cases reshape established principles
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
NLJ this week: Stress ruling raises the bar for employers
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
NLJ this week: Can Manchesterism revive access to justice?
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
NLJ this week: Constitutional conventions tested as power changes hands
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
NLJ this week: Lawyers must become product designers
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
Copyright © 2026 LexisNexis
back-to-top-scroll