AB v HT & Ors [2018] EWCOP 2 (26 January 2018)

AB v HT & Ors [2018] EWCOP 2 (26 January 2018)

The court found that M currently lacks capacity to make decisions regarding residence, care, contact, marriage, sexual relations, and giving evidence due to enduring hebephrenic schizophrenia and acquired brain injury. There was insufficient evidence to rebut the statutory presumption that M had capacity to marry and consent to sexual relations in August 2013. AB admitted to using M's funds while acting as deputy, which was not in her best interests, but denied dishonesty. The court accepted the medical evidence and made final declarations of incapacity in the six areas, with best interests orders for M's welfare and finances.

Citation
[2018] EWCOP 2
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 Application Under the Mental Capacity Act 2005 / Final Judgment After Fact Finding and Capacity Hearing
Outcome
Declarations made that M currently lacks capacity in six areas; best interests orders made; declaration of non-marriage; proceedings to continue for review of capacity as appropriate.
Legal Topics
Capacity to Marry, Deputyship, Best Interests, Financial Abuse, Forced Marriage, Welfare Decisions
Mental Capacity Law Family Law Public Law Capacity to Marry Deputyship Best Interests Financial Abuse Forced Marriage +1 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 Application Under the Mental Capacity Act 2005 / Final Judgment After Fact Finding and Capacity Hearing

Legal Issues

  1. 1 Does M currently lack capacity to make decisions as to residence, care, contact, marriage, sexual relations, and giving evidence?
  2. 2 Did M have capacity to marry and consent to sexual relations in August 2013?
  3. 3 Were there findings of financial misconduct by AB as deputy?

Ratio Decidendi

The court found that M currently lacks capacity to make decisions regarding residence, care, contact, marriage, sexual relations, and giving evidence due to enduring hebephrenic schizophrenia and acquired brain injury. There was insufficient evidence to rebut the statutory presumption that M had capacity to marry and consent to sexual relations in August 2013. AB admitted to using M's funds while acting as deputy, which was not in her best interests, but denied dishonesty. The court accepted the medical evidence and made final declarations of incapacity in the six areas, with best interests orders for M's welfare and finances.

Court Disposition

Declarations made that M currently lacks capacity in six areas; best interests orders made; declaration of non-marriage; proceedings to continue for review of capacity as appropriate.

Orders

  • Declaration that M lacks capacity to make decisions as to residence, care, contact, marriage, sexual relations, and giving evidence.
  • Best interests orders for M's residence, care, and contact.