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

Mostyn J

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

Catchwords

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.

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