Source: All England Reporter
Publisher Citation: [2014] All ER (D) 31 (Feb)
Neutral Citation: [2014] EWHC 132 (Fam)
Court: Family Division
Judge:

Hayden J

Representation Michael Horne for the NHS Trust.
  Alastair Pitbaldo for the first respondent.
Judgment Dates: 28 January 2014

Catchwords

Declaration - Procedure - Declaration as to lawfulness of proposed treatment - Proposed medical treatment - First respondent, AA, suffering from affective bipolar disorder - AA being 38 weeks pregnant - AA being admitted to hospital in a confused and disorientated state - AA's membranes rupturing - AA being admitted to the labour suite - AA being detained - Clinical team considering an elective cesarean under general anaesthetic to be in AA's best interests (the proposed treatment) - Applicant NHS Foundation trust applying to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to the proposed treatment.

The Case

Declaration Procedure. The Family Division granted the applicant NHS Foundation Trust's application to invoke the inherent jurisdiction of the High Court for declaratory relief in relation to serious medical treatment for the first respondent, AA. In the instant case, there had been unanimity amongst the clinicians that the proposed treatment was the safest option for AA. It had been self-evident that AA had lacked the capacity to take the medical decision for herself and the case made by the NHS Trust had been compelling.

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