SW v Nottingham City Council & Anor [2025] EWCOP 53 (T3) (19 December 2025)

SW v Nottingham City Council & Anor [2025] EWCOP 53 (T3) (19 December 2025)

The judge's fact-finding judgment, though concise, provided adequate reasons for the findings made, accepted the evidence relied upon by the Local Authority, and properly applied the legal framework. The judge was entitled to reject SW's denials and find allegations of coercive and controlling behaviour proved in part. The appeal is dismissed as the judgment met the required standard for adequacy of reasoning and analysis.

Citation
[2025] EWCOP 53
Parties
Appellant: SW; First Respondent: Nottingham City Council; Second Respondent: JW
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Court of Protection Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Fact Finding, Coercive and Controlling Behaviour, Capacity Determination, Best Interests, Appeal Standards, Judicial Reasoning
Mental Capacity Family Law Safeguarding Fact Finding Coercive and Controlling Behaviour Capacity Determination Best Interests Appeal Standards +1 more

Case Brief

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Parties

SW

Appellant

Nottingham City Council

First Respondent

JW

Second Respondent

Procedural Posture

Court of Protection Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge failed to provide adequate reasons for findings of coercive and controlling behaviour
  2. 2 Whether the judge failed to weigh and analyse the evidence in relation to the findings sought
  3. 3 Whether the judgment met the requirements for adequacy of judicial reasoning in fact-finding hearings

Ratio Decidendi

The judge's fact-finding judgment, though concise, provided adequate reasons for the findings made, accepted the evidence relied upon by the Local Authority, and properly applied the legal framework. The judge was entitled to reject SW's denials and find allegations of coercive and controlling behaviour proved in part. The appeal is dismissed as the judgment met the required standard for adequacy of reasoning and analysis.

Court Disposition

Appeal dismissed

Orders

  • Findings of fact by HH Rogers upheld
  • Allegations one to four and six in the Local Authority's schedule accepted as proved