Forced Marriage – Adults with Learning Disabilities;

There is specific Government Guidance in relation to adults with a learning disability. This document is research based and offers good practice guidance. The document can be found at: www.fco.gov.uk/forcedmarriage

Capacity to consent and the Mental Capacity Act 2005

The Mental Capacity Act 2005 applies to all people aged 16 and over. It aims to empower people to make decisions for themselves whenever possible and also protect those who lack capacity to do this. The Act starts from the basis that, unless proved otherwise, all adults have the capacity to make decisions.

Individuals may lack capacity if they are unable to:

• Understand information given to them
• Retain that information for long enough to be able to make the decision
• Weigh up the information available to make the decision
• Communicate their decision to others.

Where someone is found to lack capacity to make a particular decision, others may be permitted to make decisions on behalf of that person, so long as any such decision is made in the best interests of the person who lacks capacity. For example, family and professionals might decide that it is in a person's best interest to live in a certain place, even though the person themselves lacks the capacity to consent to such a decision. However, there are certain decisions which cannot be made on behalf of another person and this includes the decision to marry. There is therefore no legal basis on which someone can agree to marriage, civil partnerships or sexual relations on behalf of someone who lacks the capacity to make these decisions independently. However, families sometimes do believe they have the "right" to make decisions regarding marriage on behalf of their relative.

Capacity to consent to marriage

If a person does not consent or lacks capacity to consent to a marriage, that marriage must be viewed as a forced marriage whatever the reason for the marriage taking place. Capacity to consent can be assessed and tested but is time and decision-specific. In English law, the Court and/or any individual (including a parent) is unable to give consent to a marriage on behalf of an adult who lacks the capacity to give his/her own consent. For people with learning disabilities the consequences of forced marriage can be the same as those for people without a learning disability, for example, repeated rape, domestic violence from their partner or extended family members, or being forced to undertake all household chores for the family.

Adult Social Care response for Adults who fall Outside of the Safeguarding Procedures

A victim who has contacted Wolverhampton Adult Social Care for assistance is likely to be at crisis point, and in need of support. Incidents should be dealt with sensitively and the person supported through to a place of safety.