Consent to sexual activity and the Court of Protection

For many of our disabled or vulnerable clients engaging in sexual activity after injury can be a challenge.  Some of our clients have lost confidence or do not feel able to actively engage in a social scene that provides the same level of opportunity for sexual encounters.  Although not widely spoken about I know of many individuals and their families who routinely explore unorthodox avenues to meet sexual partners following life-changing events.

I read the judgement of Lincolnshire County Council [2019] EWCOP 43 with interest.  In that case the Court of Protection was asked to determine P’s capacity and best interests with regards to contact with sex workers both in the UK and the Netherlands.  In that case P had been noted to have been inappropriately sexualised from an early age.  Having been detained under the Mental Health Act throughout various periods in his life P was eventually discharged from hospitalisation and moved into a supported placement.  It was stated in the Court papers that P developed a fascination with female sex workers and had lived in numerous supported living placements where access to sex workers...

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