A judge is set to rule whether a man can continue to sleep with his wife of more than 20 years amid concerns over her mental capacity.

Social services bosses with responsibility for the care of the wife, who has learning difficulties, say there is evidence that her mental health has reached a stage which means that she no longer has the capacity to make decisions about whether she wants to have sex.

They want a judge in the Court of Protection, where issues involving people who lack the mental capacity to make decisions, to consider the case.

Lawyers representing social services bosses have suggested that a judge might have to make an order barring the man from continuing to have sex with his wife in order to ensure that the woman is not raped.

Mr Justice Hayden has considered issues at a preliminary Court of Protection hearing in London.

The judge was told that the man had offered to give an undertaking not to have sex with his wife.

But the judge said he wanted to examine evidence in detail - and hear arguments from lawyers representing the woman, the man, and the council involved - before making any decisions.