The Mental Health Trust & Ors v DD & Anor [2015] EWCOP 4 (04 February 2015)

The Mental Health Trust & Ors v DD & Anor [2015] EWCOP 4 (04 February 2015)

DD lacks capacity to litigate and to make decisions regarding contraception and sterilisation due to her Autistic Spectrum Disorder and learning disability. The risk of further pregnancy is life-threatening and less restrictive alternatives are not viable due to DD's resistance and history of failed contraception. It is in DD's best interests to undergo sterilisation by laparoscopic application of Filshie clips, as this is the only effective means to prevent a further pregnancy and protect her life.

Citation
[2015] EWCOP 4
Parties
Claimant: The Mental Health Trust; Claimant: The Acute Trust; Claimant: The Council; First Respondent: DD (by her litigation friend, the Official Solicitor); Second Respondent: BC
Jurisdiction
England and Wales
Judgment Date
04 February 2015
Procedural Posture
Court of Protection Welfare Application / Final Hearing and Judgment
Outcome
Application granted; declaration of incapacity and best interests order for sterilisation.
Legal Topics
Capacity to Consent to Medical Treatment, Best Interests Decision Making, Sterilisation of Incapacitated Adults, Deprivation of Liberty, Article 8 ECHR (private Life), Article 2 ECHR (right to Life)
Mental Capacity Law Medical Law Human Rights Law Capacity to Consent to Medical Treatment Best Interests Decision Making Sterilisation of Incapacitated Adults Deprivation of Liberty Article 8 ECHR (private Life) +1 more

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Parties

The Mental Health Trust

Claimant

The Acute Trust

Claimant

The Council

Claimant

DD (by her litigation friend, the Official Solicitor)

First Respondent

BC

Second Respondent

Procedural Posture

Court of Protection Welfare Application / Final Hearing and Judgment

Legal Issues

  1. 1 Does DD have capacity to litigate?
  2. 2 Does DD have capacity to make decisions regarding contraception and sterilisation?
  3. 3 If not, is it in DD's best interests to undergo sterilisation or long-term contraception?

Ratio Decidendi

DD lacks capacity to litigate and to make decisions regarding contraception and sterilisation due to her Autistic Spectrum Disorder and learning disability. The risk of further pregnancy is life-threatening and less restrictive alternatives are not viable due to DD's resistance and history of failed contraception. It is in DD's best interests to undergo sterilisation by laparoscopic application of Filshie clips, as this is the only effective means to prevent a further pregnancy and protect her life.

Court Disposition

Application granted; declaration of incapacity and best interests order for sterilisation.

Orders

  • Declaration that DD lacks capacity to litigate and to make decisions regarding contraception and sterilisation.
  • Authorisation for laparoscopic sterilisation of DD by application of Filshie clips under general anaesthetic.