London Borough of Ealing v KS [2008] EWHC 636 (Fam)

Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.

Summary

The subject of these proceedings, SK, was a thirty three year old woman, born in Afghanistan, with a history of periodic psychotic mental illness. She had married three times and it was alleged that each one had been arranged for the financial benefit of other members of the family. There had also been disputes between SK's mother and her sisters over whether the mother could care for SK given her age and her inadequate housing.

In this judgment Roderic Wood J first sets out his approach as to the evidence and agrees with the applicant's position that, given the level of deceit and acrimony between the family members, there was no need to make detailed findings of fact to determine SK's best interests as per Re S (Adult Lack of Capacity: Carer & Residence) [2003] 2 FLR. He also sets out his thinking on the exercise of his jurisdiction under the Mental Capacity Act 2005 given that the proceedings were issued before the Act came into force.

He then reviews the evidence before concluding that SK lacked the capacity to i) litigate on her own account; ii) marry; iii) decide her residence; iv) consent to the carrying out a required medical treatment; v) at times, to consent to sexual relations; and vi) consider the issue of contraception.

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London Borough of Ealing v KS [2008] EWHC 636 (Fam)

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