B (by her litigation friend, the Official Solicitor) v A local authority

Mental health - Persons who lack capacity - Inability to make decisions – . The Court of Appeal, Civil Division, held that, whilst the Court of Protection had been entitled to declare that the appellant had lacked capacity to consent to sexual relations, a cross-appeal by the local authority would be allowed because a declaration that the appellant had had capacity to decide where she resided was in direct conflict to further declarations that she lacked capacity to make decisions as to persons with whom she had contact, had not had capacity to consent to sexual relations and that she had not had capacity to make decisions about her care.

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