Reviewed and updated 22 August 2026.
By Aneeta Prem MBE
A learning disability does not automatically mean that a person lacks capacity to marry. The legal and safeguarding question is whether that individual can understand the decision, weigh the relevant information and give free and full consent to this particular marriage.
That distinction matters. Some people are wrongly assumed to lack capacity because of a diagnosis. Others may appear agreeable or happy even though they do not understand the decision well enough to consent.
What the law says
In England and Wales, the Mental Capacity Act 2005 starts from a presumption of capacity. Capacity is decision-specific and time-specific. A person should be given practical support to make their own decision before anyone concludes that they cannot do so.
Marriage is one of the decisions that cannot be made on somebody else’s behalf. A parent, relative, professional or court cannot consent to marriage for an adult who lacks capacity to make that decision themselves.
Forced-marriage law recognises this. Section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 provides that where a person lacks capacity to consent to marriage, conduct intended to cause that person to enter a marriage can amount to the forced-marriage offence without any need to prove violence, threats or another form of coercion.
Why capacity cases can be missed
A person may not look frightened. They may say that they want to marry or appear pleased about a wedding. None of those things, on their own, proves capacity.
Government guidance warns that some people with learning disabilities may mask the extent of their support needs. It also notes that families may believe marriage will provide care, security or social acceptance. Those motives do not create legal consent.
Professionals must also avoid the opposite mistake: disability does not automatically make a marriage forced. The individual person remains at the centre of the assessment.
What the 2025 Forced Marriage Unit figures show
The Forced Marriage Unit recorded 406 cases in which tailored assistance was provided in 2025. Of those, 75 cases, or 18%, involved victims whose mental capacity to consent to marriage was in doubt.
Among victims with capacity concerns, 64% were male and 58% were aged 26 or over. These figures are not prevalence estimates. They only describe cases reported to the Forced Marriage Unit, but they show why capacity must not be treated as a minor footnote in forced-marriage safeguarding.
What good safeguarding looks like
Professionals should use accessible communication, give the person enough time and support to understand the decision, and avoid letting family members speak for them where that could distort the assessment or increase risk.
If capacity is in doubt, the assessment must focus specifically on consent to marriage. It should not be replaced by a general view of whether the person can manage other parts of daily life.
Where there is a safeguarding concern, professionals should follow current multi-agency forced-marriage guidance and avoid mediation or family contact if that could place the person at greater risk.
Compliance is not the same as consent. A person’s disability never removes their right to autonomy, safety and a genuinely free choice.
Sources and further reading
- GOV.UK: Forced marriage resource pack
- GOV.UK: multi-agency forced-marriage guidance
- GOV.UK: forced marriage and learning disabilities guidance
- GOV.UK: Forced Marriage Unit statistics 2025
