Learning Disability Today
Supporting professionals working in learning disability and autism services

Man with Down’s awarded damages after council ban sex with wife

A man with Down’s syndrome whose wife was banned by the local council from having sex with him has been awarded £10,000 in damages.

The man, who cannot be identified for legal reasons, had previously enjoyed “normal relations” with his wife of five years.

A council psychologist had claimed the man did not have the mental capacity to consent to sex.

The couple were informed by letter and his wife was told by the council that she had to abstain from sex with her husband as it would be a serious criminal offence.

She moved into another bedroom and the couple were only able to resume a “normal” relationship after he had undergone sex education.

Sex education was not sourced or provided by the council until the man’s sister took his case to the Court of Protection.

Judge Sir Mark Hedley said the damages for breach of human rights were for the man’s “deprivation for at least 12 months of normal conjugal relations with his wife.”



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