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Reasons given in a case concerning capacity where JW, a 57 year old woman, may be coercively controlled by her husband, SW. The proceedings have a long history but the contentious point decided here was whether SW's behaviour towards JW and her relationship with him were capable of rendering her incapacitous. After a fact finding hearing, HHJ Rogers found that several allegations about SW's behaviour were true.
After reviewing the relevant sections of the MCA, the leading case of A Local Authority v JB and the expert evidence, the judge decided to go against the expert's conclusion that JW lacked capacity through borderline intellectual functioning as in his view she could use and weigh material.[49] While this disposed of the case, the judge then goes on to make further comments on the 'causal nexus', which he also found to be not established. Read the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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