A Local Authority v AC & Ors (Consent to Marriage)

Facts

AC, a 20-year-old woman with a moderate learning disability, a genetic microduplication condition, impaired mobility and some visual impairment, travelled to Pakistan with her mother CA, her maternal grandmother BC and a family friend DD between 10 October and 6 November 2024. At a gathering held on 17 October 2024 she met the proposed husband, and on 2 November 2024 a Nikah took place between them at a family home; the Rukhsati was deferred. Following an anonymous referral, the family were stopped on their return to the UK on 7 November 2024, AC was separated from them and placed in homeless accommodation, and the investigating officer concluded she lacked capacity to marry. CA, BC and DD were each charged under section 121 of the Anti-Social Behaviour, Crime and Policing Act 2014 and remanded before being bailed; Forced Marriage Protection Orders were granted by HHJ Rowland on 21 November 2024 on the police's application under Part 4 of the Family Law Act 1996. The local authority applied for capacity declarations in January 2025. When the defence solicitors in the criminal proceedings arranged their own retrospective capacity assessment of AC, the question arose whether that assessment required the authorisation of the Court of Protection. The CPS was invited to intervene and was represented.