York City Council v C

Subject Matter

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, ss 1–3

[2013] EWCA Civ 478; [2014] Fam 10; [2014] 2 WLR 1; [2013] Med LR 213; [2013] WLR (D) 176; The Times, 25 June 2013, CA

Appellate History