An NHS Foundation Trust v AB & Ors

An NHS Foundation Trust v AB & Ors

AB lacks capacity to decide on termination of pregnancy due to her moderate learning disability and inability to understand, retain, or weigh relevant information. Considering the risks of psychiatric harm, trauma from the baby being removed, and the likelihood that AB could not care for the baby or live with her...

Source-derived case information.

Parties
Applicant: AN NHS Foundation Trust; First Respondent: AB; Second Respondent: CD; Third Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
21 June 2019
Procedural Posture
Court of Protection Application / Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Termination of Pregnancy, Best Interests, Capacity Assessment, Safeguarding, Article 8 ECHR
Mental Capacity Law Medical Law Family Law Termination of Pregnancy Best Interests Capacity Assessment Safeguarding Article 8 ECHR

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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 / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether AB lacks capacity to decide on termination of pregnancy
  2. 2 Whether it is in AB's best interests to have a termination of pregnancy

Ratio Decidendi

AB lacks capacity to decide on termination of pregnancy due to her moderate learning disability and inability to understand, retain, or weigh relevant information. Considering the risks of psychiatric harm, trauma from the baby being removed, and the likelihood that AB could not care for the baby or live with her mother if the baby is born, it is in AB's best interests to have a termination. The harm from termination is outweighed by the harm from continuing the pregnancy.

Court Disposition

Application granted

Orders

  • It is declared lawful and in AB's best interests to undergo a termination of pregnancy.