An NHS Foundation Trust v AB & Ors

An NHS Foundation Trust v AB & Ors

AB lacks capacity to decide on contraception and is at an appreciable and incompletely assessed risk of further unplanned pregnancy. The safeguarding plan is insufficient to mitigate this risk. Fitting an IUD during the caesarean section is in AB's best interests as it is less restrictive, more effective, and less distressing than alternatives, and the interference with AB's autonomy is necessary and proportionate.

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 / Substantive Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Contraception for Incapacitated Persons, Best Interests Decision Making, Capacity Assessment, Safeguarding Vulnerable Adults
Mental Capacity Law Family Law Medical Law Contraception for Incapacitated Persons Best Interests Decision Making Capacity Assessment Safeguarding Vulnerable Adults

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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 / Substantive Judgment After Contested Hearing

Legal Issues

  1. 1 Whether AB lacks capacity to decide on contraception
  2. 2 Whether it is in AB's best interests to have an IUD fitted during caesarean section
  3. 3 Adequacy of safeguarding plan as alternative to contraception

Ratio Decidendi

AB lacks capacity to decide on contraception and is at an appreciable and incompletely assessed risk of further unplanned pregnancy. The safeguarding plan is insufficient to mitigate this risk. Fitting an IUD during the caesarean section is in AB's best interests as it is less restrictive, more effective, and less distressing than alternatives, and the interference with AB's autonomy is necessary and proportionate.

Court Disposition

Application granted

Orders

  • Declaration that AB lacks capacity to decide on contraception
  • Authorisation for an IUD to be fitted during AB's caesarean section as being in her best interests