X City Council v MB & Ors [2006] EWHC 168 (Fam) (13 February 2006)

X City Council v MB & Ors [2006] EWHC 168 (Fam) (13 February 2006)

MAB lacks the capacity to marry and to consent to sexual relations. Any marriage celebrated by MAB, whether inside or outside England and Wales, will not be recognised under English law. The court accepts the parents' undertakings not to arrange a marriage or take MAB abroad, rather than granting injunctions, and does not order retention of MAB's passport, finding the undertakings sufficient given the parents' good faith and reliability. Provision is made for future review if MAB's condition changes.

Citation
[2006] EWHC 168 (Fam)
Parties
Claimant: MAB X City Council; Defendant (father): MB; Defendant (mother): NB; Defendant (patient): MAB (by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
13 February 2006
Procedural Posture
Family Division Inherent Jurisdiction (vulnerable Adult) / Final Judgment After Trial
Outcome
Declarations granted; undertakings accepted; no injunctions or passport retention ordered.
Legal Topics
Capacity to Marry, Forced Marriage, Protective Jurisdiction, Recognition of Foreign Marriages, Capacity to Consent to Sexual Relations
Family Law Mental Capacity Law Conflict of Laws Capacity to Marry Forced Marriage Protective Jurisdiction Recognition of Foreign Marriages Capacity to Consent to Sexual Relations

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Parties

MAB X City Council

Claimant

MB

Defendant (father)

NB

Defendant (mother)

MAB (by his litigation friend the Official Solicitor)

Defendant (patient)

Procedural Posture

Family Division Inherent Jurisdiction (vulnerable Adult) / Final Judgment After Trial

Legal Issues

  1. 1 Does MAB lack capacity to marry?
  2. 2 Should the court grant injunctive relief or accept undertakings from the parents?
  3. 3 Should the court make orders regarding MAB's passport and overseas travel?

Ratio Decidendi

MAB lacks the capacity to marry and to consent to sexual relations. Any marriage celebrated by MAB, whether inside or outside England and Wales, will not be recognised under English law. The court accepts the parents' undertakings not to arrange a marriage or take MAB abroad, rather than granting injunctions, and does not order retention of MAB's passport, finding the undertakings sufficient given the parents' good faith and reliability. Provision is made for future review if MAB's condition changes.

Court Disposition

Declarations granted; undertakings accepted; no injunctions or passport retention ordered.

Orders

  • Declaration that MAB lacks capacity to marry.
  • Declaration that any marriage celebrated by MAB, whether inside or outside England and Wales, will not be recognised under English law.