Holly.gif

Re H; A Local Authority v H [2012] EWHC 49 (COP), [2012] MHLO 3

"On 15 December 2011 I made an order declaring H’s incapacity in many respects and making best interests declarations as to her future care. In particular I made an order declaring that H lacked capacity to consent to sexual relations and a consequential order to protect her best interests which was very restrictive and undoubtedly amounts to the deprivation of liberty. In those circumstances I reserved my reasons for making these orders with a view to handing them down without the need for attendance of any party. This I now do." [Summary to follow.]

Thanks

Thanks to Alex Ruck Keene (39 Essex Chambers) for providing the judgment.

External link

BAILII

Transcript

Martin Beckford, 'Autistic woman banned from having sex in latest Court of Protection case' (Daily Telegraph, 3/2/12)