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Mental health – Persons who lack capacity. The issues before the Court of Protection concerned the future of a 41-year-old Bangladeshi woman, TB. The court held that it was in TB's best interests that she should not return to live with her husband at the matrimonial home and, on the articulated test of 'relevant information' under s 3(1)(a) of the Mental Capacity Act 2005, she did not have the capacity to make the decision to have sex. As TB's care regime did involve detention under art 5 of the European Convention on Human Rights, there had to be at least six-monthly reviews by the court.
Mental health – Persons who lack capacity. The issues before the Court of Protection concerned the future of a 41-year-old Bangladeshi woman, TB. The court held that it was in TB's best interests that she should not return to live with her husband at the matrimonial home and, on the articulated test of 'relevant information' under s 3(1)(a) of the Mental Capacity Act 2005, she did not have the capacity to make the decision to have sex. As TB's care regime did involve detention under art 5 of the European Convention on Human Rights, there had to be at least six-monthly reviews by the court.
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