“…ontinuing with the chronological summary of the case law, the next case of relevance was the decision of Parker J in London Borough of Southwark v KA andothers [2016] EWCOP 20, in which the court was asked to make declarations relating to the capacity of a 29-year-old man in a number of areas, including sexual relations. The importan…”
“…J’s decision that B lacked capacity to consent to sexual relations. Mr Karim referred us to the observation of Parker J in The London Borough of Southwark v KA [2016] EWCOP 20 at [52] that “consent is not part of the ‘information’ test as to the nature of the act or its foreseeable consequences. It goes to the root of capacity itself…”