X NHS Foundation Trust & Anor v Ms A

X NHS Foundation Trust & Anor v Ms A

Ms A lacks capacity to make decisions regarding her obstetric care and mode of delivery due to her inability to retain and weigh relevant information. A planned caesarean section is in her best interests given the significant risks associated with vaginal breech birth and emergency caesarean. It is lawful for the...

Source-derived case information.

Parties
Applicant: X NHS Foundation Trust; Applicant: Y NHS Foundation Trust; Respondent: Ms A
Jurisdiction
England and Wales
Judgment Date
01 March 2021
Procedural Posture
Application for Declarations and Orders Under the Mental Capacity Act 2005 / Final Judgment
Outcome
application granted
Legal Topics
Capacity to Consent to Medical Treatment, Best Interests, Use of Restraint, Mode of Delivery in Childbirth
Mental Capacity Medical Law Family Law Capacity to Consent to Medical Treatment Best Interests Use of Restraint Mode of Delivery in Childbirth

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Parties

X NHS Foundation Trust

Applicant

Y NHS Foundation Trust

Applicant

Ms A

Respondent

Procedural Posture

Application for Declarations and Orders Under the Mental Capacity Act 2005 / Final Judgment

Legal Issues

  1. 1 Does Ms A have capacity to make decisions regarding her obstetric care and mode of delivery?
  2. 2 What is in Ms A's best interests regarding the mode of delivery?
  3. 3 Is it lawful to use restraint and transfer Ms A for an elective caesarean section?

Ratio Decidendi

Ms A lacks capacity to make decisions regarding her obstetric care and mode of delivery due to her inability to retain and weigh relevant information. A planned caesarean section is in her best interests given the significant risks associated with vaginal breech birth and emergency caesarean. It is lawful for the Trusts to transfer Ms A, use reasonable and proportionate restraint, and provide emergency obstetric care if clinically necessary.

Court Disposition

application granted

Orders

  • Declaration that Ms A lacks capacity to conduct proceedings and make decisions regarding mode of delivery, obstetric care, and postoperative management.
  • Declaration that it is lawful and in Ms A’s best interests for her to be transferred for an elective caesarean section.