BU, Re [2021] EWCOP 54

Application by a daughter (WU), as representative for other family members, seeking orders that their mother (BU) lacks capacity to make decisions about her contact, restricting contact with another man and for a forced marriage protection order to be put in place.

BU is 70 and suffers from vascular dementia. Since 2016 she had been in a relationship with a man in his late forties (NC), who she wishes should remain part of her life. Over that time WU and the other family members became increasingly concerned that NC was coercively controlling their mother and, in earlier hearings, a financial deputy had been appointed. 

Robert J recounts the background to the relationship, including NC’s convictions for blackmail and dishonesty and arrest in 2020 over the attempted liquidation of one of BU’s funds worth £700,000. She also reviews the evidence from the medical experts and the financial deputy, noting that capacity to marry is a low bar and differs from capacity to form a civil partnership. She concludes that BU lacks capacity to decide on contact with NC and finds that he has “engaged on a deliberate and calculated attempt to subvert any independent decision-making”. As there is no provision for any form of supervised contact in such circumstances, she makes an order for no contact, confirms the financial deputy and makes an interim forced marriage protection order for 12 months during which time BU will hopefully undergo therapy. Finally she makes some remarks about reporting restrictions as two bloggers were present during the hearing and there was an issue of her reporting restrictions having retrospective effect.

​Read the judgment in full on Bailii.