YLA v PM & Anor

YLA v PM & Anor

PM lacks capacity to consent to marriage and sexual relations due to her inability to understand and weigh relevant information, including the risks of sexual activity and the responsibilities of marriage. Her wishes and feelings, while consistent, are not based on capacitous understanding. It is not in her best interests to live with MZ in the community. The marriage is a forced marriage as PM could not give free and full consent.

Parties
Applicant: YLA; First Respondent: PM; Second Respondent: MZ
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Court of Protection and Care Proceedings / Judgment After Full Hearing; Interim Declarations Issued
Outcome
Interim declarations granted; PM lacks capacity to consent to marriage, sexual relations, and to decide where to live. PM not permitted to live with MZ independently. Further directions to be given.
Legal Topics
Capacity to Marry, Capacity to Consent to Sexual Relations, Best Interests, Forced Marriage, Article 8 ECHR, Nullity of Marriage, Care Proceedings
Family Law Mental Capacity Law Human Rights Capacity to Marry Capacity to Consent to Sexual Relations Best Interests Forced Marriage Article 8 ECHR +2 more

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Parties

YLA

Applicant

PM

First Respondent

MZ

Second Respondent

Procedural Posture

Court of Protection and Care Proceedings / Judgment After Full Hearing; Interim Declarations Issued

Legal Issues

  1. 1 Does PM have capacity to consent to marriage?
  2. 2 Does PM have capacity to consent to sexual relations?
  3. 3 Is it in PM's best interests to live with MZ?

Ratio Decidendi

PM lacks capacity to consent to marriage and sexual relations due to her inability to understand and weigh relevant information, including the risks of sexual activity and the responsibilities of marriage. Her wishes and feelings, while consistent, are not based on capacitous understanding. It is not in her best interests to live with MZ in the community. The marriage is a forced marriage as PM could not give free and full consent.

Court Disposition

Interim declarations granted; PM lacks capacity to consent to marriage, sexual relations, and to decide where to live. PM not permitted to live with MZ independently. Further directions to be given.

Orders

  • Interim declaration that PM lacks capacity to consent to marriage and sexual relations.
  • PM not to live with MZ independently; further care planning required.