Capacity to consent to sexual relations

Re JB (Capacity: Sexual Relations) sub nom A Local Authority v JB (by his Litigation Friend, The Official Solicitor) [2020] EWCA Civ 735

The Court of Appeal gave guidance as to the correct approach to determining whether people with a mental impairment, such as a learning difficulty or an acquired disorder of the brain or mind, had capacity to consent to sexual relations. The question should not to be framed exclusively in terms of the capacity of the individual concerned to consent, but should also focus on the individual’s capacity to decide whether to engage in such relations and assess whether there was ongoing consent on the part of their partner. The court defined what was meant by “information relevant to the decision” in the Mental Capacity Act 2005 s3(1)(a).