A Local Authority v JB

Subject Matter

MENTAL DISORDER — Capacity — Consent to sexual relations — Whether “information relevant to the decision” including understanding of extent to which non-consensual sexual relations might be criminal — Mental Capacity Act 2005 (c 9), s 3(1)

[2019] EWCOP 39; [2020] 1 WLR 1; [2020] 2 All ER 992; [2019] WLR (D) 517, Ct of Protection

MENTAL DISORDER — Capacity — Consent to sexual relations — Adult with impaired cognition wishing to initiate sexual relations with women — Whether having capacity to engage in sexual relations — Whether “information relevant to the decision” including understanding of valid and continuing consent — Mental Capacity Act 2005 (c 9), s 3

[2020] EWCA Civ 735; [2021] Fam 37; [2020] 3 WLR 1014; [2021] 1 All ER 1103; [2021] 1 FLR 264; [2020] WLR (D) 336, CA

MENTAL CAPACITY — Person lacking capacity — Sexual relations — Adult with impaired cognition wishing to initiate sexual relations with women — Whether having capacity to engage in sexual relations — Whether “information relevant to the decision” including that consent of other party necessary — Mental Capacity Act 2005 (c 9), ss 2, 3

[2021] UKSC 52; [2022] AC 1322; [2021] 3 WLR 1381; The Times, 28 December 2021, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52 Case comment

Open Justice Court of Protection Project
Capacity to engage in sex: Nine responses to the Supreme Court Judgment in Re. JB Case comment

UK Human Rights Blog
Capacity to engage in sexual relations: the relevance of the partner’s consent Case comment

Blackstones Criminal Practice 2025
Rape - Capacity to Consent - Lack of Capacity Owing to Mental Disorder B3.33

Blackstones Civil Practice 2023
Children and Protected Parties - Protected parties 14.16