In A Local Authority v C & Ors[2021] EWCOP 25, Hayden J had to consider the situation of C, a man with capacity to engage in sexual relations and to decide to have contact with a sex worker but without capacity to make decisions as to his care and treatment or to manage his property and affairs. In August 2018, C told AB, his Care Act advocate and litigation friend, that though he wanted to have a girlfriend, he considered his prospects of finding one to be very limited. He said that he wanted to be able to have sex and wished to know whether he could have contact with a sex worker. AB raised the matter with C’s social worker, and, in due course, proceedings were commenced, by the Local Authority, to address the lawfulness of such contact.
