A London NHS Trust v KB & Anor

A London NHS Trust v KB & Anor

It is in KB's best interests to undergo an elective Caesarean section under regional anaesthesia, with authorisation for restraint and deprivation of liberty if necessary, as this minimises distress and risk compared to vaginal delivery, given her profound lack of capacity and understanding. The orders sought are necessary, proportionate, and lawful under the Mental Capacity Act 2005.

Parties
Applicant: A London NHS Trust; First Respondent: KB; Second Respondent: A London Local Authority
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Court of Protection Application / Judgment on Best Interests Decision
Outcome
Application granted
Legal Topics
Best Interests Decision, Obstetric Intervention, Sterilisation, Safeguarding, Deprivation of Liberty
Mental Capacity Medical Law Human Rights Best Interests Decision Obstetric Intervention Sterilisation Safeguarding Deprivation of Liberty

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Parties

A London NHS Trust

Applicant

KB

First Respondent

A London Local Authority

Second Respondent

Procedural Posture

Court of Protection Application / Judgment on Best Interests Decision

Legal Issues

  1. 1 Whether it is in KB's best interests to deliver her baby by elective Caesarean section
  2. 2 Whether restraint and deprivation of liberty are lawful and proportionate
  3. 3 Whether the process regarding consideration of termination was appropriate

Ratio Decidendi

It is in KB's best interests to undergo an elective Caesarean section under regional anaesthesia, with authorisation for restraint and deprivation of liberty if necessary, as this minimises distress and risk compared to vaginal delivery, given her profound lack of capacity and understanding. The orders sought are necessary, proportionate, and lawful under the Mental Capacity Act 2005.

Court Disposition

Application granted

Orders

  • It is lawful and in KB's best interests to be brought to hospital for an elective Caesarean section on 16 November 2020 and to receive obstetric, midwifery, and post-natal care as deemed appropriate.
  • Authorisation for reasonable and proportionate restraint and deprivation of liberty to facilitate transfer and treatment.