Medway Council v M & Anor (Assessment of capacity)

Medway Council v M & Anor (Assessment of capacity)

The court found, on the balance of probabilities, that the presumption of capacity had not been displaced; the mother demonstrated understanding, retention, weighing of information, and communication regarding the proceedings, and no current impairment or disturbance was established.

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 Proceedings / Assessment of Capacity
Outcome
Mother found to have capacity to conduct litigation; proceedings to continue with her acting for herself.
Legal Topics
Litigation Capacity, Child Arrangements, Mental Capacity Act 2005, Expert Evidence
Family Law Mental Health Law Litigation Capacity Child Arrangements Mental Capacity Act 2005 Expert Evidence

Case Brief

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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 Proceedings / Assessment of Capacity

Legal Issues

  1. 1 Whether the mother lacks litigation capacity to conduct proceedings
  2. 2 Whether medical evidence is required to determine capacity
  3. 3 Whether the presumption of capacity has been displaced

Ratio Decidendi

The court found, on the balance of probabilities, that the presumption of capacity had not been displaced; the mother demonstrated understanding, retention, weighing of information, and communication regarding the proceedings, and no current impairment or disturbance was established.

Court Disposition

Mother found to have capacity to conduct litigation; proceedings to continue with her acting for herself.

Orders

  • No finding of lack of capacity; mother may continue to act in proceedings.
  • No objection to publication of anonymised judgment.