MB v PB [2022] EWCOP 14

Judgment concerning PB who has suffered a severe brain haemorrhage, lacks capacity and is in a care home and what level of contact she should have with her husband.

PB is 65 years old and had been married to MB for forty years by the time of the haemorrhage (her second). There were allegations of a history of controlling behaviour by MB, and further allegations of inappropriate behaviour towards MB while she has been in care. MB rejected the allegations so Cohen J undertook a fact-finding hearing.

He finds, broadly, that there had been pattern of controlling and coercive behaviour by MB before PB’s admission into full-time care which continued after her admission. He also has a controlling and overbearing attitude towards the care staff, sought to limit and control the contact that PB has had with other members of the family and PB has found contact with MB to be upsetting and unwelcome, though at other times she has derived pleasure from it. However he was inclined to think that stopping contact would not be in PB's best interest so at [70] he states 

“ I am not making at this stage a best interests judgment that contact should take place but I am expressing a strong desire that its practicality should be explored with a hope that a trial might take place in which P’s reaction may be observed.”

A further hearing would be held once the parties have had the chance to consider this judgment.

Read the judgment on Bailii