How Would This Situation Be Viewed In The Eyes Of The Law?

[bluefortress]

I am just curious as to how this situation would be viewed by law and managed (if managed is the right word)

Basically someone I know has a 24 year old daughter with learning disabilities (her mum says she has the mental age of 9) 

Her mum told me that there is a man in his 60's who is their neighbour sending the daughter love notes and communicating non verbally with her as he can see in her bedroom window. The daughter insists to the mother that he is her friend/boyfriend and the mother is funing that he is taking advantage. She has told the police but they wont do anything because she is an adult  

At first thought/instinct it does seem as though the guy is taking advantage. However by law she is an adult, even though vulnerable are people allowed to stop her engaging with others and having a relationship..

Im curious as to how this would be managed would social services do a risk assessment on her ability to understand and have a relationship? Can people with learning disabilities even be prevented from having relationship as its a human right at the end of the day.. 

 

 

[barry1010]

S.8 Offences Against Those with a Mental Disorder 2003 covers this.

If one person is unable to consent it is illegal with long prison sentences should sex take place.

It is determining whether they have capacity to consent that is the problem.

[barry1010]

Could mum have a word with him? 

 

[bluefortress]

Yes, Id imagine social workers would do a capacity assessment though even if she is able to consent she could still be more vulnerable than others to being taken advabtage of. On the other hand concluding that someone can't consent  would be very restrictive to her life if no one is allowed to have a relationship with her. 

[bluefortress]

Apparantly she did have a strong word with him but he argued down the route of she is an adult. 

[calmck]

Firstly do they have another bedroom she could be in. Secondly I would put curtains or blinds up so she can't be seen. Have her doctor write a detailed letter regarding her disability and mental understanding to give to the police. Contact adult social services or Mencap for advice. Have a solicitor write to the gentleman and threaten a non contact order

[Barmaid]

I would seek the advice of Social Services.  She must have an adult social worker.

The overriding principle is that everyone has capacity until proved otherwise.  Just because someone makes decisions that others may not make or acts unwisely does not mean they lack capacity.  If she has the capacity, it is irrelevant what others think, she is fully entitled to engage with whomsoever she sees fit.

If she does not have the capacity to consent to such communication, the Court of Protection could be asked to intervene.    The CoP can determine what is in a person's best interests if they do not have capacity.    

If she does have capacity, the High  Court can still be asked to intervene under its inherent jurisdiction to protect vulnerable adults (who may have capacity but are vulnerable), but only if she is in danger.

[barry1010]

How much would the CoP cost, approximately?

[barry1010]

If the mother has LPA to look after her daughter's health and welfare would it be possible for her to take out an injunction to keep this man away?

[bluefortress]

Not sure Barry, I'l ask her this and look into thanks

[douglas9401]

I can think of a few on here who seem to 'lack capacity' but no-one suggests cutting them off from their foibles.

Some folk are just nosy and interfering.

[barry1010]

You think it's okay for a man in his 60s to be interested in a 24 year old woman with the mental age of 9, douglas?

[douglas9401]

You forgot to put 'so' at the start, Barry.

[DDIL]

Good afternoon,

I would suggest that the mother of this young woman speaks to her social worker in the first instance.

Have you seen the notes or is it just the mother referring to them as 'love notes'? They could just be friendly notes, also do you know if the man in question also has learning disabilities?

[bluefortress]

Who do you think is interfering douglas? Is my post bothering you?

The aim of the discussion is to look at a situation like this from different angles, I am curious as to how this (or any situation like this) would be viewed by the law.