The Mental Health Trust & Anor v DD & Anor
2014
COURT OF PROTECTION
United Kingdom
CORAM
- MR JUSTICE COBB
Areas of Law
- Family Law
- Human Rights Law
- Health Law
- Civil Procedure
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
This case involved a 36-year-old woman, DD, with learning disabilities and autism, who was pregnant with her sixth child. Healthcare and local authorities sought court orders concerning her care, including authorization for a planned caesarean section, assessments of her capacity to make decisions about contraception, and potential use of force for compliance. The Court of Protection acknowledged DD's incapacity to make decisions about her healthcare and pregnancy due to her conditions. It also ruled a caesarean section to be in her best interests and deferred decisions on her capacity to make future contraception decisions. The judgment extensively considered statutory principles and established legal precedents.
Judgment
This judgment was delivered in public. 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.
The Honourable Mr. Justice Cobb :
Table of contents
1 Introduction 1-7 2 The hearing • Public hearing • Issues for determination • The Applicants • DD • BC • Oral and written evidence 8-9 10-11 12-13 14 15-17 18 3 Summary of decision 19 4 Relevant background • Early life history • Child 1 • Child 2 • Child 3 • Child 4 • Child 5 • Summary of acute complications of pregnancy/child-birth 20 21-22 23 24-25 26-28 29-30 31 5 Current pregnancy & ante-natal care 32-38 6 19 June 2014 ante-natal appointment and ultra-sound scan 39-44 7 DD: Mental state and Functioning 45-54 Capacity 8 General legal principles and their application to these facts 55-63 9 Capacity to litigate: the evidence 64-68 10 Capacity to decide on mode and timing of delivery of baby: the evidence 69-79 11 Capacity to decide on assessment to test capacity to make decision on contraception 80-84 12 Capacity: Conclusions 85-89 Best interests 13 Approach in law 90 14 Mode of delivery of the baby: The Applicants’ Plan 91-96 15 Consideration of competing proposals • VBAC (Vaginal Birth After Caesarean) in hospital – spontaneous • VBAC in hospital - induced • VBAC at home • Planned Caesarean 97-100 101-106 107-108 109-115 116-120 16 DD’s ascertainable views on mode of delivery 121-127 17 BC’s ascertainable views on mode of delivery 128 18 Achieving the admission to hospital: use of reasonable force & deprivation of liberty 129-134 19 Conclusion on best interests on method and timing of delivery 135-137 20 Date of intervention. Should DD (and BC) know? 138-144 21 Should DD undergo the assessment to establish whether she can decide on issues of contraception? 145-160 22 The unborn baby 161-164
Introduction
DD is 36 years old. She is at an advanced stage of pregnancy. She has had an extraordinary and complex obstetric history and is now expecting her sixth baby. She has a mild to borderline learning disability, and an autistic spectrum disorder.
By application dated 23 May 2014, the Applicants seek declarations and or