LB Tower Hamlets v BB [2011] EWHC 2853 (Fam)

'There are two sets of proceedings which concern BB. In the first, her litigation friend, sought guidance from the court under sections 16 and 18(k) of the Mental Capacity Act 2005 about the conduct of proceedings concerning BB and declarations that she a) lacks capacity to conduct those proceedings and b) it is in her best interests that, in the event that her marriage to MA is a valid marriage, it be annulled or that there be a declaration that it is not recognised by the law of England and Wales. In the second, the local authority as substituted applicant seeks declarations that BB a) lacks the capacity to litigate, b) lacks capacity to decide where she should live, with whom she should have contact, who should provide her with care, what care should be provided to her and the medical treatment she should receive for her mental disorder. The court is asked to make decisions on her behalf as respects those questions which the court determines she is incapacitated to answer.'


London Borough of Tower Hamlets v BB (by her litigation friend the Official Solicitor), AM, SB, and EL Trust

Hearing dates: 13, 14, 15, 16, and 17 June 2011

Judgment: 31/8/11

Before: Ryder J

Mr Harrop-Griffiths (instructed by the Borough Solicitor) for the Applicant

Ms Helen Knott (instructed by John Street Solicitors) for AM and SB

Ms Fenella Morris (instructed by Steel and Shamash on behalf of the Official Solicitor) for BB

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