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F v West Berkshire Health Authority (1990)
Created by 121.1.18.237 on 28 October 2009, at 05:19



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[1990] 2 AC 1 HL. A declaration was sought from the High Court by the mother of an adult woman whose mental age was assessed to be that of a small child. While in voluntary hospital confinement, she had formed a relationsip with a male patient in the same institution. The mother felt that it would be in the interests of her daughter to be sterilized, no other form of contraception being likely to be efficacious. The House held that it was within jurisdiction for a judge to make a declaration that an action would not be an assault, if it was in the interests of the victim, where the victim was unable to consent by reason of incapacity.
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