Capacity to Engage in Sexual Relations – A Local Authority v ZX [2024]

Background of the Case

In the complex case of A Local Authority v ZX [2024] EWCOP 30, ZX, an 18-year-old who had been in care, faced significant questions about his capacity to consent to sexual relations.

Adopted with his brother at a young age, ZX’s history included unproven allegations of sexual abuse by his adoptive parents and reports of inappropriate sexual behaviour between the brothers. As ZX approached adulthood, concerns arose about his capacity, particularly regarding a relationship with a 15-year-old girl.

Legal Concerns and Initial Judgment

ZX, now residing in a children’s placement but legally an adult, had his capacity assessed by the court due to his mental disorder. His inability to understand consent in real-time situations posed substantial risks, mainly when it came to navigating sexual relationships.

In June 2024, HHJ Burrows ruled that ZX could not engage in sexual relations, in line with the Supreme Court decision in JB. The judgment found that ZX’s mental condition impaired his ability to recognise or respond to his partner’s withdrawal of consent, rendering him unable to participate in sexual activities safely.

Appeal and Key Issues Raised

In December 2024, the case was appealed (ZX v A Local Authority [2024] EWCA Civ 1462). ZX’s legal team argued that the original judgment applied an excessively stringent test, raising the bar too high for understanding consent. Delivering the lead judgment, Baker LJ found that the trial judge had misapplied the law.

He ruled that the assessment had raised the standard of evidence required to prove capacity beyond what was appropriate. Additionally, the trial judge’s failure to directly link ZX’s inability to weigh information with his mental impairment was a significant oversight.

Significance of the Case

This case reflects the challenges in transitioning individuals from child to adult services within social care, particularly in safeguarding young adults with complex histories. The issue of capacity to consent is vital for practitioners working with vulnerable adults, and this case highlights the need for nuanced, multi-agency approaches when mental health, trauma, and legal concerns intersect.

Implications for Social Care

For organisations like ourselves and Advanced ACA , who support both children and adults, this case underscores the importance of comprehensive, multi-disciplinary assessments during the transition from children’s to adult services.

It also demonstrates the need for tailored interventions for capacity and safeguarding issues in young adults. Clear communication between care teams, legal professionals, and mental health specialists is crucial to achieving outcomes that safeguard individuals like ZX while adhering to legal standards.

Conclusion

The ZX case serves as an essential reminder of the complexity of capacity issues in social care, mainly when dealing with vulnerable individuals transitioning to adulthood. The legal standards set by JB and reinforced in this case should guide social care practitioners in their work, ensuring that vulnerable young adults are protected while their rights are respected.

If you would like more information on the case, you can visit the full ruling here.