21 February 2022 Priya Vaidya 2493 Case Updates A Local Authority v JB [2021] UKSC 52 by Priya Vaidya The case: This appeal raised issues of profound significance under the Mental Capacity Act 2005 (the “MCA”) for the appellant, JB, and others like him with an impairment of, or a disturbance in the functioning of, the mind or brain which potentially renders them unable to make a decision for themselves in relation to have sexual relations. The central issue is whether the information relevant to JB’s decision to have sexual relations includes the fact that the other person must be able to consent and gives and maintains consent throughout. If it does, then for JB to have capacity to make the decision for himself, he must be able to understand that information, retain that information and use and weigh that information. If JB is unable to do so, despite all practicable steps having been taken to help him, with the consequence that he lacks capacity to make a decision for himself to having sexual relations, then he will be deprived of all sexual relations, as no other person may consent on his behalf to him having such relations: section 27(1)(b) MCA. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login Share Print Tags PsychologyPsychiatry10. Records Assessments and Site Visits Related articles Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board: Independence, Expertise and the Boundaries of Expert Opinion in Remote Clinical Triage Do not leave it until cross-examination to reveal your true opinion A Day in the Life of a General Practitioner Expert Witness Ill-health and sentencing Take care not to conflate your role as a contractor with your duties as an expert witness Switch article Sullivan v Bury Street Capital Limited [2021] EWCA Civ 1694 Previous Article Thorvaldsen v Dundee City Council [2021] ScotCS CSOH 120 Next Article Comments are only visible to subscribers.