AB v HT & Ors [2018] EWCOP 2

Hearing to determine whether the Patient had the capacity to make decisions as to her care, residence and the contact she has with other people, and also to marry.

In brief, the Patient suffered a psychotic illness and acquired brain injury and had married in 2013. There were issues with her father who had accused the Patient's aunt of kidnapping the Patient for financial gain, and there was a question as to whether the Patient had capacity to consent to the marriage. The issues arising for determination can be summarised in broad terms as follows:

(1) Does the Patient have capacity to make decisions as to her care, residence and the contact she has with other people, and also to marry?
(2) What findings should the court make on the allegations and cross- allegations made by her father and aunt?
(3) If the Patient lacks capacity, should the court make any declarations and order in her best interests in the light of its findings on those allegations and cross-allegations, and should the proceedings now come to an end?

The court ruled that there should be no change in the current contact arrangements. The Patient's contact with her aunt could continue unrestricted. Her limited indirect contact with her father should continue, provided it is something that does not cause her distress. For the time being, there should be no direct contact with her father, although this is a matter which should be kept under review. There should at this stage be no contact with the husband.

Read the full text of the judgment on Bailii