AB (Termination of Pregnancy), Re

AB (Termination of Pregnancy), Re

The judge at first instance gave inadequate weight to AB's wishes and feelings and to the views of those closest to her, while the medical evidence alone did not convincingly justify the profound intervention of a non-consensual termination at an advanced stage of pregnancy. The evidence as a whole was insufficient to justify authorising the termination, and the best interests analysis was flawed by over-reliance on medical opinion and insufficient consideration of non-medical factors.

Parties
Appellant: AB; 1st Respondent: NHS Foundation Trust; 2nd Respondent: Official Solicitor; 3rd Respondent: A London Authority
Jurisdiction
England and Wales
Judgment Date
11 July 2019
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From the Court of Protection
Outcome
Appeal allowed; declarations permitting termination set aside.
Legal Topics
Termination of Pregnancy, Best Interests, Capacity to Consent, Article 8 ECHR, Abortion Act 1967, Mental Capacity Act 2005
Mental Capacity Law Medical Law Human Rights Termination of Pregnancy Best Interests Capacity to Consent Article 8 ECHR Abortion Act 1967 +1 more

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Parties

AB

Appellant

NHS Foundation Trust

1st Respondent

Official Solicitor

2nd Respondent

A London Authority

3rd Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From the Court of Protection

Legal Issues

  1. 1 Whether it was in AB's best interests for her pregnancy to be terminated given her lack of capacity to consent
  2. 2 Whether the judge at first instance gave adequate weight to AB's wishes and feelings, and to the views of those closest to her
  3. 3 Whether the medical evidence justified a non-consensual termination at an advanced stage of pregnancy

Ratio Decidendi

The judge at first instance gave inadequate weight to AB's wishes and feelings and to the views of those closest to her, while the medical evidence alone did not convincingly justify the profound intervention of a non-consensual termination at an advanced stage of pregnancy. The evidence as a whole was insufficient to justify authorising the termination, and the best interests analysis was flawed by over-reliance on medical opinion and insufficient consideration of non-medical factors.

Court Disposition

Appeal allowed; declarations permitting termination set aside.

Orders

  • Permission to appeal granted
  • Appeal allowed