GB - The Mental Health Trust & Ors v DD & Anor

Judgment

The Honourable Mr Justice Cobb :

Table of contents:

1 Introduction 1-3 2 The hearing 4-6 3 Summary of decision 7 4 Recent events 8 5 Judgment [2014] EWCOP 11 9 Capacity 6 Interim declaration as to capacity to make decisions in relation to contraception 10-23 Best interests 7 The Applicants’ plan in relation to • Education and capacity assessment • Short-term contraception 24-28 29 8 DD’s wishes and feelings 30-33 9 Is it in DD’s best interests for DD to receive education and then a full assessment of her capacity to make decisions in relation to contraception? 34-36 10 Is it in DD’s best interests that the Applicants be authorised to take such necessary and proportionate steps to give effect to the best interests declaration above, to include forced entry and necessary restraint? 37-41 11 Is it in DD’s best interests that she should be administered short-term contraception at this stage? 42-44 12 If so, what form of contraception? 45-47 13 Conclusion 48-50

Introduction

By judgment dated 4 July 2014 (see The Mental Health Trust, The Acute Trust and the Council v DD (By the Official Solicitor) & BC [2014] EWCOP 11 ) I set out my reasons for determining that it is in the best interests of DD, a pregnant woman who lacks capacity to make the decision for herself, for her baby to be delivered imminently by caesarean section.

Further to a scheduled hearing which took place in the following week, I now consider:

Whether it is in DD’s best interests that the Applicants should be authorised:

to provide DD with education in relation to contraception, and then

to assess her capacity to make decisions in relation to contraception;

This falls for consideration in light of my earlier finding [2014] EWCOP 11 (§87) that there is reason to believe that DD lacks the capacity to consent to an assessment of her capacity to make decisions in relation to contraception;

Whether I should authorise the Applicants to take such necessary and proportionate steps to give effect to the best interests declaration in (i) above, to include forced entry into her home, and to use such restraint as is deemed necessary to convey her to an appropriate place to provide the opportunity for such education and assessment;

Whether there is reason to believe (per section 48 Mental Capacity Act 2005: (‘MCA 2005’) ) that DD currently lacks the capacity to make decisions in relation to contraception;

If there is reason to believe that she currently lacks capacity (in relation