Down’s syndrome husband wins compensation for sex ban but not for the reason you think
A 38-year-old British man banned from having sex with his wife has won £10,000 compensation. The secret Court of Protection ordered the man to “abstain” from sex until he had passed a sex-education course run by his local council. And his wife had best watch out, too. The court told her that because her husband has Down’s Syndrome he cannot consent to sex. If she shags him, she could be committing a criminal offence.
Neither of the pair are virgins. They had been having sex for five years before the law stepped in to pull them apart, a clinical psychologist deciding that the man lacked the capacity to provide his consent. The couple, who had applied for fertility treatment, were assessed by the experts and found wanting.
Anyhow, now things are ok. The man has received a pay out. But it wasn’t for the State locking a chastity belt on he and his wife’s reproductive organs. He scored some cash because for over a year the council failed to provide the sex-education course that the court had ordered. This and not the sex ban breached the couple’s human rights.
The Court of Protection describes itself thus:
We make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
We are responsible for:
deciding whether someone has the mental capacity to make a particular decision for themselves
appointing deputies to make ongoing decisions for people who lack mental capacity
giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
considering applications to make statutory wills or gifts
making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
Good that a court exists to make decisions on the welfare and affairs of those who lack the capacity to do so themselves. But the man is married, and should expect the life that comes with such a commitment. To think the State knows the man better than his wife does is abhorrent. Too many horrible stories are hidden in the shadows.
Posted: 24th, August 2017 | In: News Comment | TrackBack | Permalink
