IGX

This application concerns C, who is a 57-year-old man with a wide range of interests. He enjoys participating in sports, he listens to music, particularly rap music and he is interested in history. I have been told that he regularly visits museums with his carers. C has been diagnosed with Klinefelter syndrome (XXY syndrome). This is a genetic disorder that occurs in 1 in 660 men where the male has an additional X chromosome. Though men with XXY syndrome can live healthy lives, there are features of the syndrome which may impact on development. In C’s case, developmental delay and other social communication difficulties were noted when he was two years of age. The records show that C, as a child, preferred spending time on his own and avoided physical contact. C was first noted to speak at around 4 years of age [...]

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. It was obvious that he had given this issue some thought [...]

In C’s case there is clear and cogent evidence that he has the capacity to engage in sexual relations and to decide to have contact with a sex worker. He understands the importance of consent both prior to and during sexual contact. He appreciates the link between sexual intercourse and pregnancy. He recognises the possibility of sexually transmitted disease. He lacks capacity to make the practical arrangements involved in identifying a suitable and safe sex worker and is unable to negotiate the financial transaction. What is proposed is that C will be assisted in these arrangements by carers who are sympathetic and content to help him. As I have set out above, this is delicate but not unfamiliar terrain (see para 10 et seq.) I reiterate, this requires to be addressed with both maturity and sensitivity.