Protecting the vulnerable from coercive relationships

The recent case of BU, Re [2021] EWCOP 54 concerns a lady (BU) who is 70 years old and suffers from vascular dementia. BU had been in a relationship with a man (NC) for 5 years. During this time, a number of family members raised concerns that NC was coercively controlling BU.

NC had been arrested in 2020 as he had attempted to liquidate one of BU’s funds worth £700k. The court safeguarded BU by appointing a financial Deputy which confirmed that she lacked capacity (as per the definition under Section 2 of the Mental Capacity Act 2005 “MCA 2005”) to manage her own financial affairs.

The question to be considered at this hearing was whether BU had sufficient capacity to decide on contact with NC. BU had strongly expressed her views in that NC played an integral role in her emotional well-being. Mrs Justice Roberts examined all facts of the case including NC’s dishonest character and concluded that BU had ‘engaged on a deliberate and calculated attempt to subvert any independent decision-making’.

Having obtained medical input, Mrs Justice Roberts concluded that BU lacked capacity to make decisions about contact with others including NC. As a result, Mrs Justice Roberts considered her powers under Section 16 of the MCA 2005 and made an order to prevent contact. In addition, an interim Forced Marriage Protection Order (FMPO) was put in place to last 12 months as per Section 63A of the Family Law Act 1996.

In this case, BU lacked sufficient capacity and clearly could not consent to marriage. It should be noted that lack of capacity is not a prerequisite for obtaining an FMPO, as such an order can be implemented to safeguard any individual who is being threatened with forced marriage or has already been forced into marriage. An FMPO is a form of injunction which can restrict a person’s actions or require them to take certain steps in order to protect an individual from forced marriage. There is no court fee for applying for an FMPO and the process involves making an application with a supporting witness statement.

If you are concerned that someone you know lacks capacity in relation to their finances or welfare, please get in touch with our Court of Protection team on 0344 3260049 to discuss how we can help.

If you require advice regarding FMPO’s or wish to discuss your options, please contact our Family team by calling 08000 147720 or email family@ramsdens.co.uk.