The Mental Health Trust & Anor v DD & Anor (No 3)
2014
COURT OF PROTECTION
United Kingdom
CORAM
- MR JUSTICE COBB
Areas of Law
- Family Law
- Health Law
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
The case involves DD, who has given birth via caesarean section and whose child, C, is now in interim care. The court evaluated DD's capacity and best interest regarding long-term contraception. The court found DD lacks the capacity to make decisions about contraception and authorized forced administered contraception if she fails to voluntarily comply. The ruling adhered to the principles of the Mental Capacity Act, focusing on the least restrictive intervention and safeguarding DD's rights while ensuring her well-being.
Judgment
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 Cobb:
I do not propose to give a detailed judgment in this case today in light of the large measure of agreement. However, I want to make some comments about the proposed draft order. This draft order has been prepared and presented to the court against a lengthy background history, which I have set out in the two judgments which I delivered in July (see The Mental Health Trust, The Acute Trust & The Council v DD (by her litigation friend, the Official Solicitor) and BC [2014] EWCOP 11 (4.7.14), and The Mental Health Trust, The Acute Trust & The Council v DD (by her litigation friend, the Official Solicitor) and BC [2014] EWCOP 13 (15.7.14)).
I mention for the record that on 17 th July 2014, baby C was delivered to DD by caesarean section. After some limited contact with her parents, C is now in the interim care of the relevant local authority and the subject of an application under Part IV of the . Children Act 1989
In preparation for this four day hearing, in which I was to be considering questions of long-term contraception or sterilisation of DD, I have read with care the witness statements prepared on behalf of the Applicant and a witness statement from the Official Solicitor’s representative, with attendance notes of her attempts to have constructive discussions with DD. I have also read the further reports of Dr F and also of EF, a community midwife.
The history since the matter was last before me shows a mixed picture which includes periods of co-operation and of a lack of co-operation on DD’s part with the relevant authority’s representatives. There have been some positive developments, including her constructive discussions at times with Mrs C (the safeguarding midwife), her visit to the general practitioner’s, Dr E’s, surgery and her registration with the surgery. There appears to have been a constructive meeting with general practitioner Dr. K on 11 th August, in which, although he allowed her to do much of the talking, it appears he felt that DD had begun to form a helpful professi