X (A Child)

X (A Child)

Given X's lack of capacity, her expressed wish for termination, and the medical evidence that termination was in her best interests, the court supplied consent for termination and contraceptive implant, subject to compliance and acceptance, in accordance with statutory criteria.

Parties
Subject: X (A Child); Applicant: Local Authority; Interested Party: X's Step-father; Interested Party: X's Step-mother; Interested Party: X's Mother; Interested Party: X's Guardian
Jurisdiction
England and Wales
Judgment Date
09 June 2014
Procedural Posture
Urgent Application in Ongoing Care Proceedings / Judgment on Application for Court Consent to Termination of Pregnancy
Outcome
Declaration granted; court supplied consent for termination and contraceptive implant, subject to compliance and acceptance.
Legal Topics
Termination of Pregnancy, Capacity to Consent, Best Interests of Child, Court's Inherent Jurisdiction, Contraception
Family Law Medical Law Child Law Termination of Pregnancy Capacity to Consent Best Interests of Child Court's Inherent Jurisdiction Contraception

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Parties

X (A Child)

Subject

Local Authority

Applicant

X's Step-father

Interested Party

X's Step-mother

Interested Party

X's Mother

Interested Party

X's Guardian

Interested Party

Procedural Posture

Urgent Application in Ongoing Care Proceedings / Judgment on Application for Court Consent to Termination of Pregnancy

Legal Issues

  1. 1 Whether the court should supply consent for termination of pregnancy for a minor lacking capacity
  2. 2 Whether the termination is in the best interests of the child
  3. 3 Role of the court versus medical practitioners under Abortion Act 1967

Ratio Decidendi

Given X's lack of capacity, her expressed wish for termination, and the medical evidence that termination was in her best interests, the court supplied consent for termination and contraceptive implant, subject to compliance and acceptance, in accordance with statutory criteria.

Court Disposition

Declaration granted; court supplied consent for termination and contraceptive implant, subject to compliance and acceptance.

Orders

  • Declared X lacks capacity to decide on termination or contraception.
  • Lawful for doctor to carry out termination and administer reversible contraception in X's best interests, subject to compliance and acceptance.