A Hospital Trust v CP & Anor [2024] EWCOP 7

Application concerning CP's capacity to decide on obstetric care and her best interests when giving birth.

CP is a 30 year old woman who has schizophrenia, is currently detained under the MHA and has a history of alcohol and drug misuse. She is also 36 weeks pregnant, her attitude towards giving birth have fluctuated over time seemingly driven by her immediate needs rather than any longer term needs of the unborn child.   

While all issues were agreed by the end of the hearing Mrs Justice Henke handed down this judgment as 'given the serious nature of the issues and given that CP and her baby may in due course want to know why the plan was endorsed'. After reviewing the medical evidence and the relevant legal framework, she finds CP lacks capacity, partly because of her 'disordered thinking'. The judge then considers CP's best interests, mainly around whether a planned C-section should be undertaken and what form of anaesthetic should be administered given CP's fear of pain. She concludes a planned C-section using a spinal block would be in CP's best interests as the spinal block would afford a speedier recovery and 'be concordant with CP’s wish to move to the mother and baby unit and into an environment where she can smoke as quickly as possible.' [67]

Read the judgment on The National Archive