The Law Reports (Family Division)
[2015] Fam 61
Court of Appeal
In re M (An Adult) (Capacity: Consent to Sexual Relations)
[2014] EWCA Civ 37
2013 Nov 13,
14;
2014 Jan 23
Sir Brian Leveson P, Tomlinson, McFarlane LJJ
Mental disorder— Capacity— Consent to sexual relations— Person suffering significantly deteriorated mental function after surgery— Whether capacity to consent to sexual relations— Whether test for capacity including consideration of person’s ability to use and to weigh relevant information— Whether test concerned with capacity to consent to general rather than to specific sexual relations— Whether judge applying correct test—
Mental Capacity Act 2005 (c 9), s 3