P, Re [2013] EWCOP 4581 (11 December 2013)

P, Re [2013] EWCOP 4581 (11 December 2013)

Mrs. P lacks capacity to consent to medical treatment relating to the delivery of her child, and it is lawful and in her best interests for the NHS Trust to provide induction, instrumental delivery, and, if necessary, Caesarean section, including the use of sedation and proportionate force.

Citation
[2013] EWCOP 4581
Parties
Applicant: NHS Trust; Respondent: Mrs. P
Jurisdiction
England and Wales
Judgment Date
11 December 2013
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Application granted
Legal Topics
Capacity to Consent, Best Interests, Medical Treatment, Caesarean Section, Restraint and Sedation, Reporting Restrictions
Mental Capacity Law Family Law Medical Law Capacity to Consent Best Interests Medical Treatment Caesarean Section Restraint and Sedation +1 more

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Parties

NHS Trust

Applicant

Mrs. P

Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Whether Mrs. P lacks capacity to consent to medical treatment relating to childbirth
  2. 2 Whether it is lawful and in Mrs. P's best interests to authorise induction, instrumental delivery, and Caesarean section, including use of sedation and proportionate force if necessary

Ratio Decidendi

Mrs. P lacks capacity to consent to medical treatment relating to the delivery of her child, and it is lawful and in her best interests for the NHS Trust to provide induction, instrumental delivery, and, if necessary, Caesarean section, including the use of sedation and proportionate force.

Court Disposition

Application granted

Orders

  • Declaration that Mrs. P lacks capacity to consent to medical treatment relating to the delivery of her child, including induction and Caesarean section.
  • It is lawful, as being in Mrs. P's best interests, for the NHS Trust to provide immediate artificial rupture of membranes and instrumental delivery, and, if necessary, Caesarean section.