Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
View all articles
Authors

ENFORCED CAESAREAN/MENTAL CAPACITY: Re AA (Mental Capacity: Enforced Caesarean) [2012] EWHC 4378 (COP)

Sep 29, 2018, 18:55 PM
The Italian mother visited the UK while heavily pregnant. She had a history of mental health difficulties and suffered from bipolar disorder but was inconsistent in taking her medication. While in the UK she experienced a sharp decline in her mental healt
Slug : enforced-caesarean-mental-capacity-re-aa-mental-capacity-enforced-caesarean-2012-ewhc-4378-cop
Meta Title : ENFORCED CAESAREAN/MENTAL CAPACITY: Re AA (Mental Capacity: Enforced Caesarean) [2012] EWHC 4378 (COP)
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 10, 2013, 09:14 AM
Article ID : 104283

(Court of Protection, Mostyn J, 23 August 2012)

The Italian mother visited the UK while heavily pregnant. She had a history of mental health difficulties and suffered from bipolar disorder but was inconsistent in taking her medication. While in the UK she experienced a sharp decline in her mental health, necessitating detention under s 2 and later, s 3 of the Mental Health Act 1983.

After 5 weeks' detention the NHS Trust applied to the Court of Protection for a declaration that it would be lawful and in the woman's best interests to deliver the baby via caesarean section. Medical evidence of a consultant obstetrician and the woman's treating psychiatrist was supportive of the application particularly as the mother had undergone two previous elective caesarean sections and that she was at risk of uterine rupture if she had a vaginal delivery.

The case fell squarely within the guidelines of Re MB (Medical Treatment) [1997] 2 FLR 426. The interests of the unborn child were of no concern of the court as it had no legal existence until birth. A decision had to be made within the parameters of the Mental Capacity Act 2005.

It was accepted by all parties that the mother lacked capacity within the terms of s 2(1) of the Mental Capacity Act 2005. In circumstances where the mother's medical and mental health best interests would be met by a caesarean being performed in addition to the fact that it would be in her best interests for the child to be born alive and healthy, a declaration was granted.

Given the media interest in the proceedings Mostyn J published a full transcript of the proceedings which included consideration of the local authority plans following the birth. He advised that it would be heavy handed for the police to remove the baby at birth under their protective jurisdiction and rather an application for an interim care order should be made with the mother represented by the Official Solicitor.

 

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from