AB v HT & Ors

AB v HT & Ors

M currently lacks capacity to make decisions regarding residence, care, contact, marriage, sexual relations, and giving evidence. The presumption of capacity at the time of the 2013 marriage is not rebutted, but the Islamic marriage is not valid under English law. AB committed financial misconduct and is unfit to remain as deputy. There is insufficient evidence of coercion in the marriage. M’s best interests require continued residence away from AB and MS, with contact arrangements as set out. Proceedings are not concluded pending further assessment of M’s capacity.

Parties
Applicant: AB; First Respondent: HT; Second Respondent: London Borough of Hammersmith and Fulham; Third Respondent: M (by her litigation friend, the Official Solicitor); Fourth Respondent: MS
Jurisdiction
England and Wales
Judgment Date
26 January 2018
Procedural Posture
Court of Protection / Judgment After Fact Finding Hearing
Outcome
Declarations and orders granted as set out; AB removed as deputy; Islamic marriage declared not valid under English law; interim contact and residence arrangements ordered; proceedings to continue pending further assessment.
Legal Topics
Capacity to Marry, Deputyship, Financial Abuse, Best Interests, Forced Marriage, Immigration and Marriage, Contact Arrangements
Mental Capacity Family Law Court of Protection Capacity to Marry Deputyship Financial Abuse Best Interests Forced Marriage +2 more

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Parties

AB

Applicant

HT

First Respondent

London Borough of Hammersmith and Fulham

Second Respondent

M (by her litigation friend, the Official Solicitor)

Third Respondent

MS

Fourth Respondent

Procedural Posture

Court of Protection / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Does M have capacity to make decisions as to care, residence, contact, and marriage?
  2. 2 Were there findings of financial misconduct by AB?
  3. 3 Was M coerced into marriage with MS?

Ratio Decidendi

M currently lacks capacity to make decisions regarding residence, care, contact, marriage, sexual relations, and giving evidence. The presumption of capacity at the time of the 2013 marriage is not rebutted, but the Islamic marriage is not valid under English law. AB committed financial misconduct and is unfit to remain as deputy. There is insufficient evidence of coercion in the marriage. M’s best interests require continued residence away from AB and MS, with contact arrangements as set out. Proceedings are not concluded pending further assessment of M’s capacity.

Court Disposition

Declarations and orders granted as set out; AB removed as deputy; Islamic marriage declared not valid under English law; interim contact and residence arrangements ordered; proceedings to continue pending further assessment.

Orders

  • Declaration that M lacks capacity in six areas (residence, care, contact, marriage, sexual relations, giving evidence)
  • Declaration that the Islamic ceremony of 15 August 2013 did not create a marriage under English law