SB (A Patient; Capacity To Consent To Termination), Re

SB (A Patient; Capacity To Consent To Termination), Re

Despite the patient’s mental illness and some paranoid beliefs, she has demonstrated a consistent, rational basis for her decision to seek termination, understands the nature and consequences of the procedure, and has maintained her position for an appreciable period. It has not been established that she lacks capacity to make this decision. Her autonomy must be respected.

Parties
Applicant: NHS Trust; Respondent: SB (the patient); Second Respondent: Patient’s husband
Jurisdiction
England and Wales
Judgment Date
21 May 2013
Procedural Posture
Court of Protection Application / Judgment on Capacity to Consent to Termination
Outcome
Application dismissed; patient found to have capacity to consent to termination.
Legal Topics
Capacity to Consent, Termination of Pregnancy, Autonomy of Patient, Mental Capacity Act 2005, Abortion Act 1967
Mental Health Law Medical Law Family Law Capacity to Consent Termination of Pregnancy Autonomy of Patient Mental Capacity Act 2005 Abortion Act 1967

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Parties

NHS Trust

Applicant

SB (the patient)

Respondent

Patient’s husband

Second Respondent

Procedural Posture

Court of Protection Application / Judgment on Capacity to Consent to Termination

Legal Issues

  1. 1 Does the patient lack capacity to make decisions about termination of her pregnancy?
  2. 2 If she lacks capacity, should the court decide if termination is in her best interests?

Ratio Decidendi

Despite the patient’s mental illness and some paranoid beliefs, she has demonstrated a consistent, rational basis for her decision to seek termination, understands the nature and consequences of the procedure, and has maintained her position for an appreciable period. It has not been established that she lacks capacity to make this decision. Her autonomy must be respected.

Court Disposition

Application dismissed; patient found to have capacity to consent to termination.

Orders

  • Declaration that the patient has capacity to make decisions about termination of her pregnancy or dismissal of proceedings.