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Sexual relations and contact with others (within a DoLS appeal)

A recently published case looked at whether a young man with a learning disability under DoLS in a care home had mental capacity to a number of decisions including sexual relations and contact with others. The case originated as a DoLS appeal as the man was unhappy with the restrictions placed on him and his Representative therefore appealed. The judge praised the social worker: 'She was an impressive and careful witness'. The case also highlights the challenges of assessing mental capacity where the person does not want to engage.

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