A London NHS Trust v KB & Anor [2020] EWCOP 59

The court had to make a best interests decision in relation to the mode of delivery of the unborn child being carried by the P.

The P is a young woman who suffered a hypoxic brain injury at the time of her birth that has left her with microcephaly, epilepsy which is now well controlled, and with moderate to severe learning disability meaning that her IQ is no higher than between 35 and 49. She has physical disabilities requiring support aids for walking more than short distances, and suffers bilateral optic nerve atrophy. KB is an adult but her learning disability means that she is not capable of independent living. Her communication is largely non-verbal and confined to a very few words. She lives in a flat that she shares with her sister, but her sister works and so the P needs care during the day. Until recent events, daytime care was provided by members of her family, sometimes at the P's mother's home, and two personal assistants who were funded by direct payments. At the end of July it was found that the P was 22 weeks pregnant. She did and does not have capacity to consent to sexual intercourse. The court had to decide the mode of delivery of the baby after delays meant that it was too late to consider termination of the pregnancy.

The court concluded that an elective Caesarean section would be in the best interests of the P. The court then went on to consider termination, delay and contraception.

The full text of the judgment can be found on Bailii