CS (Termination of Pregnancy)

CS (Termination of Pregnancy)

CS lacks capacity to decide on termination of pregnancy due to post-traumatic amnesia. Her clear and consistent prior wishes were to terminate the pregnancy. Continuing the pregnancy poses greater risks to her health and recovery. It is in her best interests to authorise surgical termination, with ancillary...

Source-derived case information.

Parties
Applicant: AN NHS Trust; Respondent: CS
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Court of Protection Mental Capacity / Judgment on Application for Medical Treatment Order
Outcome
Application granted
Legal Topics
Termination of Pregnancy, Best Interests, Capacity Assessment, Medical Consent
Mental Capacity Law Medical Law Family Law Termination of Pregnancy Best Interests Capacity Assessment Medical Consent

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Parties

AN NHS Trust

Applicant

CS

Respondent

Procedural Posture

Court of Protection Mental Capacity / Judgment on Application for Medical Treatment Order

Legal Issues

  1. 1 Does CS lack capacity to decide on termination of pregnancy?
  2. 2 If so, is it in her best interests to undergo surgical termination of pregnancy?

Ratio Decidendi

CS lacks capacity to decide on termination of pregnancy due to post-traumatic amnesia. Her clear and consistent prior wishes were to terminate the pregnancy. Continuing the pregnancy poses greater risks to her health and recovery. It is in her best interests to authorise surgical termination, with ancillary treatment and proportionate restraint if necessary.

Court Disposition

Application granted

Orders

  • Declaration that CS lacks capacity to consent to medical treatment, including termination of pregnancy.
  • Order that it is lawful and in CS's best interests to undergo surgical termination of pregnancy with general anaesthetic and ancillary treatment.