Medway v M and F (Assessment of capacity) [2025] EWFC 357 (B) (22 October 2025)

Medway v M and F (Assessment of capacity) [2025] EWFC 357 (B) (22 October 2025)

The court found that, on the balance of probabilities and in the absence of compelling medical evidence of current impairment, the mother does not lack litigation capacity. She understands, retains, and weighs information relevant to the proceedings and can communicate her decisions. The presumption of capacity is not displaced.

Citation
[2025] EWFC 357 (B)
Parties
Applicant: Medway Council; First Respondent: M; Second Respondent: F; Third and Fourth Respondents: A and B (through their children's Guardian)
Jurisdiction
England and Wales
Judgment Date
22 October 2025
Procedural Posture
Family Court Care Proceedings / Determination of Litigation Capacity of Mother During Ongoing Care Proceedings
Outcome
Mother found to have litigation capacity; proceedings to continue with her acting in person.
Legal Topics
Litigation Capacity, Interim Care Orders, Assessment of Mental Health, Children's Welfare, Expert Evidence in Capacity, Parental Rights
Family Law Mental Capacity Law Litigation Capacity Interim Care Orders Assessment of Mental Health Children's Welfare Expert Evidence in Capacity Parental Rights

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Parties

Medway Council

Applicant

M

First Respondent

F

Second Respondent

A and B (through their children's Guardian)

Third and Fourth Respondents

Procedural Posture

Family Court Care Proceedings / Determination of Litigation Capacity of Mother During Ongoing Care Proceedings

Legal Issues

  1. 1 Whether the mother (M) lacks litigation capacity to conduct proceedings concerning her children under the Mental Capacity Act 2005

Ratio Decidendi

The court found that, on the balance of probabilities and in the absence of compelling medical evidence of current impairment, the mother does not lack litigation capacity. She understands, retains, and weighs information relevant to the proceedings and can communicate her decisions. The presumption of capacity is not displaced.

Court Disposition

Mother found to have litigation capacity; proceedings to continue with her acting in person.

Orders

  • No declaration of lack of capacity; mother continues to act in proceedings.