An NHS Foundation Trust v AB & Ors [2019] EWCOP 45 (21 October 2019)

An NHS Foundation Trust v AB & Ors [2019] EWCOP 45 (21 October 2019)

AB lacks capacity to consent to contraception and is highly unlikely to gain capacity or improve participation with further educative work. There remains an appreciable and incompletely assessed risk of unplanned pregnancy, which the safeguarding plan does not adequately mitigate. Fitting an IUD at the time of caesarean section is in AB's best interests as it is the least distressing, most effective, and least restrictive means of preventing a further pregnancy, which would be highly detrimental to AB's welfare.

Citation
[2019] EWCOP 45
Parties
Applicant: An NHS Foundation Trust; First Respondent: AB; Second Respondent: CD; Third Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
21 October 2019
Procedural Posture
Court of Protection Application / Final Hearing and Judgment
Outcome
Application granted
Legal Topics
Capacity to Consent to Contraception, Best Interests Decision Making, Safeguarding Vulnerable Adults, Medical Treatment Without Consent
Mental Capacity Law Family Law Medical Law Capacity to Consent to Contraception Best Interests Decision Making Safeguarding Vulnerable Adults Medical Treatment Without Consent

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Parties

An NHS Foundation Trust

Applicant

AB

First Respondent

CD

Second Respondent

A Local Authority

Third Respondent

Procedural Posture

Court of Protection Application / Final Hearing and Judgment

Legal Issues

  1. 1 Does AB lack capacity to consent to contraception?
  2. 2 Is it in AB's best interests to have an IUD fitted at the time of her caesarean section?
  3. 3 Is the safeguarding plan sufficient to mitigate the risk of unplanned pregnancy?

Ratio Decidendi

AB lacks capacity to consent to contraception and is highly unlikely to gain capacity or improve participation with further educative work. There remains an appreciable and incompletely assessed risk of unplanned pregnancy, which the safeguarding plan does not adequately mitigate. Fitting an IUD at the time of caesarean section is in AB's best interests as it is the least distressing, most effective, and least restrictive means of preventing a further pregnancy, which would be highly detrimental to AB's welfare.

Court Disposition

Application granted

Orders

  • It is declared lawful and in AB's best interests for an intrauterine contraceptive device (IUD) to be fitted at the time of her caesarean section under spinal anaesthetic.