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29 July 2010 / Jonathan Herring
Issue: 7428 / Categories: Features , Family , Mental health
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The right to choose

Contraception, mental capacity & state intervention. Jonathan Herring reports

When does someone have capacity to consent to receive, or not to receive, contraception? When is it in someone’s best interests to be given contraception? These were the key questions at the heart of a fascinating decision: A Local Authority v Mrs A and Mr A [2010] EWHC 1549 (Fam).

The facts

Mrs A was aged 29. According to the evidence before the court she had an extremely low level of intellectual functioning. She had previously had two children removed from her at birth because there were real concerns that she would not be able to provide adequate care for them. In 2006 she had married Mr A. He too had a learning difficulty and a significant impairment of intellectual functioning. Before her marriage Mrs A had been receiving daily support from the local authority’s community living team. The team had been arranging for her to receive contraception by means of a monthly depot injection, to which she consented. Since her marriage

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Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

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mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
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Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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