Source: All England Reporter
Publisher Citation: [2012] All ER (D) 174 (Aug)
Court: Court of Protection

Mostyn J

Representation Ulele Burnham for the NHS Trust.
  David Lock QC for the Official Solicitor.
Judgment Dates: 23 August 2012


Mental health - Court of Protection - Jurisdiction - Incapacity - Paternity - Best interests - Mother lacking capacity - NHS Trust seeking order and declarations for mother to have caesarean section - Whether in best interest of mother to be forced to have caesarean section - .

The Case

Mental health Court of Protection. The mother was a patient, compulsorily detained under the suffering from a significant mental disorder which was psychotic in nature. The NHS Trust sought a declaration and order that it would be in her medical best interests to have a caesarean section, as she was 39 weeks pregnant on the basis that she otherwise risked uterine rupture with a natural vaginal birth. As the case fell within existing case law the order as well as the express terms of the the orders and declarations sought would be made.

If you are a LexisLibrary subscriber you can read more about this case here.