MJC Law are proud to share Kate Jackson’s contribution in a feature article in the Law Society Gazette dated 18 February 2022.
The article examined the changing nature of the decisions being dealt with by the Court of Protection and observed that cases commonly now feature issues relating to sex and an increasing number of life or death decisions.
The article considered, in particular, the case of Re C  EWCOP 25 where the central question was whether it was lawful for carers to assist a man with disabilities to visit and pay for sex workers. Mr Justice Hayden first ruled that carers would not be breaching the Sexual Offences Act 2003 by supporting a man, C, to contact, visit and pay for sex workers. However, this was overturned by the Court of Appeal which held that by assisting C to visit sex workers, carers would be risking committing a criminal offence.
Kate Jackson has represented clients in the Court of Protection for a number of years and therefore has a sound understanding of the practical changes that have occurred over the years. Kate commented, in relation to an apparent increase in cases in the Court of Protection relating to sex and sexuality, “I wonder whether, as the years have gone by, the social mind has become more liberal and accepting of alternative ways of living…the weight that is attached to P’s views has changed and there’s certainly more willingness to try to accommodate what P wants than has been the case”.
Kate, and the other contributors, were of the view that the shift in social norms within society ultimately has a knock-on effect on the types of issues that are put before the Court of Protection.
Kate and other members of the Court of Protection team at MJC Law are regularly instructed to represent and advise clients in cases involving personal welfare in the Court of Protection. Please get in touch if you would like to discuss any matters with us.