P, Re

P, Re

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 the proposed medical interventions, including induction, Caesarean section, sedation, and proportionate force if necessary.

Parties
Applicant: NHS Trust; Respondent: Mrs. P; Representative: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
11 December 2013
Procedural Posture
Court of Protection Application / Judgment
Outcome
Application granted
Legal Topics
Capacity to Consent, Best Interests, Medical Treatment, Caesarean Section, Sedation and Restraint
Mental Capacity Medical Law Family Law Capacity to Consent Best Interests Medical Treatment Caesarean Section Sedation and Restraint

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Parties

NHS Trust

Applicant

Mrs. P

Respondent

Official Solicitor

Representative

Procedural Posture

Court of Protection Application / Judgment

Legal Issues

  1. 1 Does Mrs. P lack capacity to consent to medical treatment relating to the delivery of her child?
  2. 2 Is it lawful and in Mrs. P's best interests for the NHS Trust to provide medical treatment including induction and Caesarean section, with 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 the proposed medical interventions, including induction, Caesarean section, sedation, and proportionate force if necessary.

Court Disposition

Application granted

Orders

  • Declaration that Mrs. P lacks capacity to consent to medical treatment relating to delivery, including induction and Caesarean section.
  • Declaration that it is lawful for the NHS Trust to provide immediate artificial rupture of membranes and instrumental delivery, and Caesarean section if necessary.