Some Details Of Male Sterilisation CoP Case Revealed

As I thought, if the sterilisation is decided upon, it will be the first of its kind in England and Wales.

It is not, however, the first case I have heard of a learning disabled man being banned from sex.  This time, however, I feel slightly differently about the ban. Why? Because, in this case, DE’s partner is female, and he does not want another child.

Sex before a vasectomy could lead to a pregnancy and, since that pregnacy would be unwanted, the safest way to avoid it would be a ban on sex.

A High Court judge is being asked to make legal history and sanction the first sterilisation of a man in this country because it is ‘in his best interests’.

Referred to as ‘DE’, the 36-year-old, from the Midlands, has learning difficulties and already has a son with his girlfriend, born in 2010.

The court heard that DE does not want to become a father again, and another child could cause him ‘psychological harm’.

Experts have assessed that DE is capable of consenting to sexual relationships.

But he does not have capacity when it comes to making decisions about contraception and cannot be relied upon to use condoms or other birth control methods effectively to prevent pregnancy.

While the case has been going on he has been effectively prevented from having sex with his partner and can see her only under supervision.

The case has come before the court because of undisputed evidence that DE also does not have the capacity to decide whether or not to consent to sterilisation, and a judge must make the life-altering decision.

The application to Mrs Justice Eleanor King, sitting in the Court of Protection, to allow a vasectomy was made by DE’s local NHS Trust with support from his parents, his GP and the local authority involved in his care. None of them must be identified by court order.

The judge said she hopes to give her ruling ‘within weeks’.

She was told that a routine is currently in place which prevents DE meeting his girlfriend – they have been together for some 10 years – without supervision to ‘keep them safe’.

The judge said at a hearing in London that she was ‘extremely concerned’ about DE’s loss of independence and the effect it is having on him.

She was told that a vasectomy would restore autonomy in sexual matters to DE ‘and give him back his independence’.

Angus Moon QC, representing the Official Solicitor, who was in court to protect DE’s interests, told the judge that the evidence that DE wants a vasectomy is ‘compelling’ and nothing to do with eugenics.

He stressed: ‘This case is not about eugenics. This case is not about a youngish man being given a vasectomy against his will.

‘The evidence, in the Official Solicitors’ submission, is compelling that DE does want to have a vasectomy and therefore his case is not covered by the shadow of eugenics.’

Mr Moon added: ‘This is an exceptional case and should not be seen as a green light for other applications for vasectomies in respect of other people with learning difficulties.’

Mr Moon told the judge that, if she makes the ordering allowing surgery to take place, ‘it would be the first judgment in this jurisdiction (England and Wales) in which permission has been given to carry out a vasectomy’.

It is believed to be only the second application for the sterilisation of a man to have come before the court. The first, in 1999, was refused.

In court today, the judge paid tribute to the way DE’s parents, especially his mother, had coped with the ordeal they had faced over the past three years, during which DE’s case has moved from his GP’s surgery to the courts.

The judge told the mother: ‘When I heard your evidence, all I could think was how lucky he is to have you for his mum.’