NHS Trust & Ors v FG (Rev 1)

NHS Trust & Ors v FG (Rev 1)

FG lacked capacity to make decisions about her welfare and medical treatment due to schizoaffective disorder. It was lawful and in her best interests for the Trusts to undertake necessary medical interventions during labour, including restraint and deprivation of liberty, without her consent. Non-notification of FG about the proceedings and a time-limited reporting restrictions order were justified to protect her health and dignity, balancing her Article 8 rights against Article 10 rights of the media.

Parties
Applicant: NHS Trust 1; Applicant: NHS Trust 2; Respondent: FG
Jurisdiction
England and Wales
Judgment Date
28 August 2014
Procedural Posture
Court of Protection / Final Judgment
Outcome
orders granted
Legal Topics
Best Interests, Reporting Restrictions, Deprivation of Liberty, Capacity Assessment, Serious Medical Treatment, Restraint, Inherent Jurisdiction
Mental Capacity Medical Law Human Rights Best Interests Reporting Restrictions Deprivation of Liberty Capacity Assessment Serious Medical Treatment +2 more

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Parties

NHS Trust 1

Applicant

NHS Trust 2

Applicant

FG

Respondent

Procedural Posture

Court of Protection / Final Judgment

Legal Issues

  1. 1 Whether FG lacks capacity to make decisions about her welfare and medical treatment
  2. 2 Whether it is lawful and in FG's best interests for the Trusts to undertake medical interventions during labour without her consent
  3. 3 Whether FG should be notified of the proceedings

Ratio Decidendi

FG lacked capacity to make decisions about her welfare and medical treatment due to schizoaffective disorder. It was lawful and in her best interests for the Trusts to undertake necessary medical interventions during labour, including restraint and deprivation of liberty, without her consent. Non-notification of FG about the proceedings and a time-limited reporting restrictions order were justified to protect her health and dignity, balancing her Article 8 rights against Article 10 rights of the media.

Court Disposition

orders granted

Orders

  • Trusts permitted to undertake specified medical interventions during FG's labour without her consent, including restraint and deprivation of liberty as necessary
  • Trusts permitted not to notify FG of the proceedings initially