Three appeal court judges rule in favor of ministers, stating that care workers could face prosecution if they help a disabled man to visit a sex worker.

  • Court of Appeal Judges have ruled that care workers risk being charged with an offence if they help a disabled man see a sexworker.
  • Three judges reaffirmed a Government challenge to a High Court ruling by overturning it
  • Mr Justice Hayden had earlier this summer considered the case of a 27-year old man  










Care workers would be in danger of committing an offence if they arranged for a man with mental health disabilities to visit a sex worker, Court of Appeal judges have ruled.

Three appeal judges rescinded a High Court judge’s ruling and upheld the Government challenge.

Lord Burnett and Lady Justice King, Lord Chief Justice and Lord Justice Baker, presented their decision in writing, published Friday.

Care workers could be committing an offence if they arranged for a man with mental health disabilities to visit a sex worker, three Court of Appeal judges have ruled

Three Court of Appeal judges have ruled that care workers could be guilty of an offense if they arrange for a man with mental disabilities to visit a sexworker.

Mr Justice Hayden is based in London’s Family Division of The High Court. He had earlier this year heard the case of the 27 year-old man at a Court of Protection hearing.

This is where judges make decisions about people who lack the mental capacity for making decisions.

The judge ruled that care workers could not be charged with an offense under the 2003 Sexual Offences Act if they made “practical arrangements” for the man to visit the sex worker in circumstances where the man had the mental capacity and decision to have contact with a worker.

The ruling was challenged by lawyers representing justice ministers.

They argued that Justice Hayden had misunderstood legislation, and that authorizing the use of a prostitute was ‘contrary’ to public policy.

Appeal judges ruled that the legislation was misinterpreted.

Lord Burnett, the Lord Chief Justice, allowed the appeal. He, along with Lady Justice King and Lord Justice Baker outlined their decision in a written ruling published on Friday

Lord Burnett, the Lord chief justice, allowed the appeal. He, along with Lady Justice King and Lord Justice Baker outlined their decision in a written ruling published on Friday

Lord Burnett stated: “I would allow the appeal on account that the arrangements envisaged to secure the services of an sex worker will place the care workers involved in peril of committing a crime contrary to section 39 Sexual Offences Act 2003.”

He stated that section 39 of the Sexual Offences Act dealt with “sensitive moral and ethical questions in the field penal policy”.

He said, “One of its purposes it to throw a general cover of protection around many vulnerable people in society with the aim of reducing their risk of harm.

Mr Justice Hayden, who is based in the Family Division of the High Court in London, had earlier this year considered the 27-year-old man's case at a hearing in the Court of Protection

Mr Justice Hayden, who is based at the Family Division of London’s High Court, had earlier this summer considered the case of the 27-year old man at a hearing at the Court of Protection

“To the extent the provision discriminates against people (the man’s), position by comparison to others in care of the state (or wider), it represents the considered viewpoint of Parliament striking out balances in these difficult.

Lady Justice King, Lord Justice Baker, both stated that they agreed.

Lord Burnett stated that in light of the conclusion reached by Mr Justice Hayden regarding the interpretations of legislation, appeal judges were not required to consider whether the involvement of care workers in facilitating a man’s use as a prostitute was ‘contrary’ to public policy.

Justice Hayden had ruled that Mr. Hayden could not be named in media reports about the case.

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