Retardation and competence are not the same. The first is a comparison between the individual and the population's norm for intellectual functioning. The latter is a legal construct regarding one's ability to care for one's self regarding certain areas of life activity.
IQ measurement is smoke and mirrors at best, and a sham of that at both far ends of the bell curve. Actual functionality may often be a better indicator of the extent to which the individual lags behind the norm, and the extent of that lag. Back in the bad old days when terms such as "idiot," "moron." and the like were both psychological and legal terms, it was easier to figure out who needed help tying their shoes and who needed diapers and a drool bib. As for "having the mental capacity of a small child" - remember that the arithmetical norm's "small child'" IQ is adjusted to be 100 when compared against other "small children" but gets reduced when compared to the arithmetical norm "adult".
My ex-sister-in-law had a measured IQ of 165, but could not maintain a household or personal budget, literally needed someone to hold her hand to make sure she did not cross the street in front of oncoming traffic, and if given two weeks notice would not be able to be dressed and ready to attend her own funeral on time. While in no way "retarded" she was a perfect candidate for failing a competency hearing as she could not, among other things, responsibly handle her own finances and was proven incapable of protecting herself from harm even though she could explain why walking out in front of oncoming traffic was dangerous.
I have not read the EU's list of human rights, but have read several news articles explaining that even persons sentenced to life inprisonment have a right to sex and to procreate. I feel comfortable in suggesting that if Alan can determine that sex with Kieron, with whom Alan has apparently lived for some time, make him happy that Alan has sufficient intellectual capacity to benefit from pretty much the full list of the EU's list of human rights. It appears from the article that he already has someone who handles his finances, and who arranges to see that he receives needed medical care, and that he is housed, clothed and fed and obtains appropriate recreation, and that within those limitations he is able to function and establish/carry on a meaningful interhuman relationship with at least one significant other.
Unless Alan and Kieron are just jumping the one other's bones whenever the horniness strikes one of them, regardless of the desires/acceptance of the other - in which case it would be rape. Or, to cover all bases, if Kieron is of "normal" functioning ability, it would be criminal exploitation as well as rape. In as much as the Courts decided not to persue either avenue, I'm willing to guess that was not the case.
"Moderate learning disability" is used to describe Alan, yet most folks who are diagnosed with "intellectual disabilities" (remember that discussion?) do not also receive a diagnosis of learning disability as it is both redundant and difficult to separate from the retardation. Wikipedia describes moderate retardation - Alan's level, as
People with moderate mental retardation need considerable supports in school, at home, and in the community in order to participate fully. While their academic potential is limited, they can learn simple health and safety skills and to participate in simple activities.[3] As adults they may live with their parents, in a supportive group home, or even semi-independently with significant supportive services to help them, for example, manage their finances. As adults, they may work in a sheltered workshop.[3]
That refutes the claim that providing Alan with sex education would merely confuse him.
There is no information to suggest that Kieron was eploiting or abusing Alan, or that either of them were disagnosed with a STD or were high-risk for becoming infected with a STD, nor any indication that their physical relationship had created any other medical problems.
I think what we have here is a Council and Court who are a bunch of prudes. Either that or there is so much more to the case that a statement of the reason why more information about Alan and/or Kieron could not be released should have been included.
stay safe.
