“…s considered above were all decided at first instance. I now consider two important decisions of this Court. The first was PC and another v City of YorkCouncil [2013] EWCA Civ 478. The issues arising in that case did not include the capacity to consent to sexual relations. It concerned a woman with significant learning disabilities who c…”
“…ity under the MCA Part 1 is to be determined by reference to a particular decision. The determination of capacity is “decision-specific”: York City Council v C [2013] EWCA Civ 478, [2014] 2 WLR 1, at [35], endorsed in IM v LM [2014] EWCA Civ 37 at [51]. In determining capacity, all decisions, whatever their nature, fall to be evaluated w…”