An NHS Foundation Trust v AB & Ors [2019] EWCOP 26

Application by an NHS Trust for an order in respect of a 24 year old pregnant woman who the Trust say lacks capacity and in whose best interests it is said to have a termination of pregnancy.

AB had been adopted by her mother CD, a devout Catholic, at an early stage in her life and moved to England from Nigeria from around 2007. She has behavioural and learning difficulties and has been assessed as functioning as a 6-9 year old. In 2018 AB and CD travelled to Nigeria to visit the wider family. CD returned separately and when AB returned it was evident she was pregnant. The issue of termination was raised by the professionals almost immediately once they were aware of the fact, though it was opposed by CD.

In her judgment, Lievens J identifies that the primary focus should be on AB's best interests and not the medical evidence. In this case, AB's wishes were difficult to determine as a result of her learning difficulties so the judge was unable to give them much weight and concluded that termination would be in AB's best interests.

Read the full judgment on Bailii.