Judge rules learning disabilities man can decide over marriage

A man with learning disabilities who was thought to be in danger of being forced into a wedding is mentally capable of making decisions about sex and marriage, a judge ruled after a hearing in a specialist court.

Mrs Justice Parker said the man’s disabilities would “provide challenges for any wife” and might lead to “distress, conflict and misery”.

But she said it was not for her to weigh the man’s chances of finding a wife prepared to love and cherish him “with all his needs”.

The judge analysed the case at a hearing in the Court of Protection – where issues relating to sick and vulnerable people who might lack the mental capacity to make decisions are considered – in London.

Detail has emerged in a ruling.

The judge said local authority social services bosses asked her to make rulings after concerns were raised that the man’s family might be preparing to “facilitate” a marriage.

Mrs Justice Parker heard evidence from a psychologist and ruled that the man cannot be identified.

He was 29 and from a Bangladeshi family, she said.

Social services staff from the London Borough of Southwark had responsibilities for the man’s welfare and had asked for rulings.

The man was diagnosed with a mild learning disability and was known to social services staff since childhood, said Mrs Justice Parker.

Two years ago concerns were raised about the man talking to himself, hoarding rubbish and having “unusual hand posturing” plus poor eating habits and personal hygiene.

Social workers became concerned that his family was trying to “find a wife for him” who would care for him, and any children, when his parents became too old.

Mrs Justice Parker said it would be a crime for relatives to “facilitate a marriage” if the man lacked the mental capacity to consent.

The judge said the man’s parents “adamantly” denied that there had been “any firmly formulated plan to marry”.

Specialist lawyers debated legalities relating to the man’s mental capacity at the hearing and barrister Peggy Etiebet represented Southwark Council.

Barrister Zimran Samuel represented the man’s parents and barrister John McKendrick QC represented the man himself.

Mr McKendrick had taken instructions from staff at the Official Solicitor’s office, who offer help to people with mental health problems.

The judge said she concluded, after analysing complex and detailed legal argument, that the man had the mental “capacity to have sexual relations and to marry”.

“(The man) is on the borderline of understanding in respect of some of the more refined evaluations,” said Mrs Justice Parker in her ruling.

“I have concluded after reflection, exacerbated by the complexity and detail of the legal argument, that, since capacity must be assumed until disproved, (the man) overall has the capacity to have sexual relations and to marry.”

She added: “I do not know whether a marriage will truly bring happiness to (him). His disabilities will provide challenges for any wife, and they will be different for a wife who has capacity from one who lacks it.

“A marriage might lead to distress, conflict and misery for (the man) and his family, as opposed to enhancement of his life and of his personal autonomy.

“But it is not for me to weigh up the relative chances of finding a wife who is prepared to love and cherish (him) with all his needs against that of finding one who is unequal to the task.”

She said the man’s family said he would “continue to receive information” before any marriage.

“That is wise,” said the judge.

“(His) parents have assured Southwark that they will fully disclose (his) disabilities and needs to the prospective bride and her family.

“I cannot compel them to do so. The consequences if they do not are likely to be very unfortunate.”

Copyright (c) Press Association Ltd. 2016, All Rights Reserved.