ABSTRACT

In this case, A was a 28 year old male with significant impairment because of Down’s syndrome, and had been cared for from birth by his mother who was now in her early sixties. She had provided him with a high degree of care and supervision, but now felt that her age and health highlighted the need to make sensible plans for the future. Her major concern was that if A moved into local authority care, in the absence of an operation to sterilise, he might have a sexual relationship resulting in his fathering a child for whom he was unable to take responsibility. In the lower court, Sumner J refused to grant the declaration authorising sterilisation. The plaintiff, through his mother and litigation friend, appealed.