Duncan Lewis secures discharge of Forced Marriage Protection Order in complex Court of Protection and Family proceedings (30 January 2026)

Duncan Lewis Solicitors’ Court of Protection and Family Law teams have secured a successful outcome for a father in complex and sensitive proceedings concerning his adult son’s mental capacity, resulting in the discharge of a Forced Marriage Protection Order and the legal recognition of the son’s marriage.

Background

The proceedings concerned a 33-year-old man (‘P’) with a diagnosis of learning disability. In 2021, P travelled to Pakistan, where he participated in an arranged marriage ceremony.

Several years later, concerns were raised by professionals regarding P’s mental capacity and the possibility that he may have been at risk of modern slavery. Despite the passage of time since the marriage, the Local Authority issued proceedings in late 2024 and early 2025, significantly impacting P and his family.

The proceedings

The Local Authority applied for a Forced Marriage Protection Order (‘FMPO’), which was granted in January 2025. The Local Authority subsequently issued proceedings in the Court of Protection (‘COP’) to determine P’s capacity to marry and to engage in sexual relations.

The parties to the proceedings included the Local Authority, P (represented by the Official Solicitor as his litigation friend), P’s mother, and P’s father, who was jointly represented by Duncan Lewis Solicitors through its Court of Protection and Family Law teams.

Forced Marriage Protection Order

The FMPO was granted on the basis of evidence filed by P’s social worker, including a mental capacity assessment which concluded that P lacked capacity to marry and to engage in sexual relations.

The order imposed highly restrictive measures on P and his family, engaging and significantly interfering with their Article 8 rights to respect for private and family life. In particular, the FMPO prevented P from travelling outside the jurisdiction of England and Wales, meaning that he was unable to travel to see his wife for the duration of the proceedings.

Court of Protection proceedings

The Court of Protection directed the instruction of a Special Visitor to provide expert evidence on P’s capacity. Following a detailed assessment process, including the provision of addendum reports responding to supplementary questions raised by the parties, the expert concluded that P had capacity to marry at the time of the ceremony in 2021, continued to have capacity to marry, and had capacity to engage in sexual relations.

This expert evidence was accepted by P’s father, P’s mother, and the Local Authority. The court was invited to accept the expert’s conclusions, discharge the FMPO, and bring both the family and Court of Protection proceedings to an end.

However, P’s legal representatives did not agree that the expert evidence was sufficient and sought further assessments, which would have prolonged proceedings and the restrictions placed upon P.

Outcome

Following several months of proceedings, the court heard what became final submissions at a hearing in January 2026. The court determined that the expert evidence was sufficiently robust to enable it to make final declarations in respect of P’s capacity, discharge the FMPO, and conclude both sets of proceedings.

As a result, P’s marriage was legally recognised, his passport was returned to him, and the significant restrictions imposed upon his private and family life were lifted. The conclusion of proceedings brought an end to the prolonged uncertainty faced by P and his family and allowed P and his wife to resume their married life and plan for their future together.

Legal Representation

The father was represented by Angela Sandhal, Court of Protection Director, Demi Arnold, Court of Protection Solicitor, and Oluwatobi Akinwande, Family Law Solicitor. Aaqib Javed of Spire Barristers was instructed as counsel.

About the Team

Angela Sandhal is a Director in the Court of Protection department at Duncan Lewis Solicitors, based in the Leeds office. She is a Law Society–accredited practitioner in mental capacity law (health and welfare) and represents clients in both section 16 and section 21A proceedings. Angela regularly acts for the Official Solicitor on behalf of P in a wide range of applications, as well as representing individuals as an accredited legal representative.

For advice and assistance, contact Angela via email at AngelaSa@duncanlewis.com or by telephone on 0333 772 0409.

Demi Arnold is a Solicitor in the Court of Protection team at Duncan Lewis Solicitors, based in the Leeds office. She has experience representing clients in public law and Court of Protection proceedings, including applications on behalf of individuals and family members. Demi also has expertise in handling appeals to the Upper Tribunal against Disclosure and Barring Service (DBS) decisions.

For advice and assistance, contact Demi via email at DemiA@duncanlewis.com or by telephone on 0203 1141 220.

Oluwatobi Akinwande is a Supervising Solicitor in the Family and Child Care department at Duncan Lewis Solicitors. She has extensive experience in both private and public family law and regularly participates in pro bono advice surgeries. Oluwatobi has also provided training to professionals supporting victims of domestic violence and parents involved in child-related proceedings.

For advice and assistance, contact Oluwatobi via email at oluwatobia@duncanlewis.com or by telephone on 0207 014 7307.

Duncan Lewis Solicitors

Duncan Lewis Solicitors’ specialist Court of Protection and Family Law teams have extensive experience acting in complex proceedings involving mental capacity, forced marriage, and the protection of vulnerable clients. The firm is committed to ensuring that protective measures are proportionate and that individuals’ autonomy and family life are respected.

Duncan Lewis Solicitors can assess eligibility for Legal Aid and also offers affordable fixed-fee services for those who are not eligible for public funding.

Our Court of Protection team is ranked and recommended by The Legal 500 UK for its expertise in handling the full spectrum of health and welfare matters. Operating nationwide, the team represents vulnerable individuals and their families in complex proceedings involving mental capacity, best interests decisions, deprivation of liberty safeguards, section 16 and section 21A applications, and cases brought under the inherent jurisdiction of the High Court.

For expert legal advice, contact Duncan Lewis Solicitors on 0333 772 0409.