NHS Trust & Ors v FG (Rev 1)
2014
COURT OF PROTECTION
United Kingdom
CORAM
- THE HONOURABLE MR JUSTICE KEEHAN
Areas of Law
- Mental Health Law
- Human Rights Law
- Family Law
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
The case centers around FG, a pregnant woman with schizoaffective disorder, and the court's decision regarding her medical care. Recognizing her inability to consent, the NHS Trusts sought permissive orders to manage her labor and protect her and her unborn child's interests. The court allowed these interventions, withholding certain information from FG to prevent exacerbating her condition. A Reporting Restrictions Order was also issued to safeguard her privacy.
Judgment
THE HONOURABLE MR JUSTICE KEEHAN
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the incapacitated person and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
Mr Justice Keehan:
Introduction:
This judgment should be read with the judgment I gave on 27 June 2014 in the case of X County Council v M and Othrs [2014] EWHC 2262 (Fam) .
The First Applicant Trust provided obstetric care to the Respondent, FG. The Second Applicant Trust provides psychiatric care and services to her.
The Trusts made the following applications:
an order sought under the Inherent Jurisdiction of the High Court that FG was not given notice of these proceedings;
orders in the Court of Protection to permit the trusts to undertake various steps and measures in respect of FG’s labour; and
a reporting restrictions order.
The applications were heard by me in May 2014. FG was 24 years old and she was in the late stages of her first pregnancy. Her expected date of delivery was 28 May 2014.
She had been diagnosed with a mental disorder known as schizoaffective disorder. In February 2014, following a deterioration in her mental health, FG was detained at Hospital 1 under s3 of the Mental Health Act 1983 . This is not the first time she has been an inpatient for psychiatric treatment.
It was the opinion of FG’s treating consultant psychiatrists that she lacked insight into her mental illness and thus did not believe she required treatment for the illness. Since mid April 2014, when she came under the care of Dr BU, she has refused to take any medication resulting in a further decline in her mental state. She suffers from persecutory delusions including a belief that mental health services are ‘murderers’ and will murder her and her unborn child. She has marked disorder of thought form, guarding of affect and an abnormality of expressed mood, associated with marked fear and suspicion.
On 19 May 2014 Dr BU assessed FG as lacking capacity to conduct proceedings. Accordingly, at my invitation, the Official Solicitor consented to act as her litigation friend. The Official Solicitor consented to the applications made by the Tru