London Borough of Southwark v P & Ors

Pending expert assessment of P's capacity, undertakings by the parents are sufficient to protect P, and the forced marriage protection injunctions should be discharged with the return of P's passport.

Parties: Applicant: London Borough of Southwark; 1st Respondent: P; 2nd Respondent: A; 3rd Respondent: R
Jurisdiction: England and Wales
Judgment Date: 20 April 2015
Procedural Posture: Court of Protection and Forced Marriage Protection Order / Interlocutory Application; Adjournment Pending Expert Report
Outcome: Adjournment; discharge of injunctions; undertakings accepted; passport to be returned; proceedings to continue
Legal Topics: Forced Marriage Protection, Capacity to Marry, Court of Protection Proceedings

Family Law Mental Capacity Law Forced Marriage Protection Capacity to Marry Court of Protection Proceedings

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Parties

London Borough of Southwark

Applicant

1st Respondent

2nd Respondent

3rd Respondent

Procedural Posture

Court of Protection and Forced Marriage Protection Order / Interlocutory Application; Adjournment Pending Expert Report

Legal Issues

1 Whether P has capacity to marry or consent to marriage or sexual relations
2 Whether interim forced marriage protection orders should continue pending expert report

Ratio Decidendi

Court Disposition

Adjournment; discharge of injunctions; undertakings accepted; passport to be returned; proceedings to continue

Orders

Forced marriage protection injunctions discharged on undertakings by parents
Parents to undertake not to facilitate, allow or permit P to undergo any marriage or engagement ceremony or arrangement