A Local Authority v A & Anor [2010] EWCOP 1549 (24 June 2010)

A Local Authority v A & Anor [2010] EWCOP 1549 (24 June 2010)

The test for capacity to decide on contraceptive treatment is whether the person can understand, retain, use and weigh the proximate medical information relevant to contraception, including the reason for contraception, what it does, the likelihood of pregnancy if not used, and the immediate side effects and risks. The test does not require the person to understand or envisage the wider social consequences of parenthood. Applying this test, Mrs A lacks capacity to decide on contraception due to her cognitive limitations, inability to weigh information, and the coercive influence of Mr A, which impairs her ability to exercise free will.

Citation
[2010] EWCOP 1549
Parties
Applicant: Local Authority; Respondent: Mrs A; Respondent: Mr A
Jurisdiction
England and Wales
Judgment Date
24 June 2010
Procedural Posture
Court of Protection Capacity and Best Interests / Interim Application for Declarations
Outcome
Declarations granted that Mrs A lacks capacity to decide on contraception and that it is in her best interests to receive contraception, subject to her consent. No immediate order for forcible administration or restraint. Directions for Local Authority to assist Mrs A in decision-making and to prevent Mr A from...
Legal Topics
Capacity to Consent to Contraception, Best Interests, State Intervention in Private/family Life, Domestic Violence and Coercion, Interpretation of Mental Capacity Act 2005
Mental Capacity Law Family Law Human Rights Capacity to Consent to Contraception Best Interests State Intervention in Private/family Life Domestic Violence and Coercion Interpretation of Mental Capacity Act 2005

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Parties

Local Authority

Applicant

Mrs A

Respondent

Mr A

Respondent

Procedural Posture

Court of Protection Capacity and Best Interests / Interim Application for Declarations

Legal Issues

  1. 1 What is the test for determining whether a woman has capacity to make decisions as to contraceptive treatment?
  2. 2 Does Mrs A lack that capacity?
  3. 3 If so, is it in her best interests that an order be made for her to receive contraceptive treatment?

Ratio Decidendi

The test for capacity to decide on contraceptive treatment is whether the person can understand, retain, use and weigh the proximate medical information relevant to contraception, including the reason for contraception, what it does, the likelihood of pregnancy if not used, and the immediate side effects and risks. The test does not require the person to understand or envisage the wider social consequences of parenthood. Applying this test, Mrs A lacks capacity to decide on contraception due to her cognitive limitations, inability to weigh information, and the coercive influence of Mr A, which impairs her ability to exercise free will.

Court Disposition

Declarations granted that Mrs A lacks capacity to decide on contraception and that it is in her best interests to receive contraception, subject to her consent. No immediate order for forcible administration or restraint. Directions for Local Authority to assist Mrs A in decision-making and to prevent Mr A from...

Orders

  • Declaration that Mrs A lacks capacity to decide on contraception.
  • Declaration that it is in Mrs A's best interests to receive contraception, subject to her consent.