The Law Reports (Family Division)
[2014] Fam 10
Court of Appeal
York City Council v C and another
[2013] EWCA Civ 478
2013 March 20;
May 1
Richards, McFarlane, Lewison LJJ
Mental disorder— Capacity— Determination— Decision to cohabit— Wife with significant learning disabilities marrying husband serving prison sentence for serious sexual offences— Husband released on licence assumed to pose risk to wife if cohabiting— Whether wife having capacity to decide to cohabit— Judge ruling wife lacking capacity to decide but welfare best served by resuming cohabitation within approved scheme of monitoring or support— Whether judge applying correct test for capacity— Whether test for capacity decision-specific—
Mental Capacity Act 2005 (c 9), ss 1–3