Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3)

Application to carry out a planned C-section where the trust had delayed bringing it to court.

PQ has a history of drug taking and has treatment resistant paranoid schizophrenia. It was agreed she lacked capacity but expressed a wish for a natural birth, though she was uncooperative with the midwifery staff, but had mentioned she would be happy with a CS if it protected her baby. The application was not made until she reached full term in the last weekend of November 2024 when fears over pre-eclampsia arose, though the threat receded over that weekend.

Peel J had then to decide PQ’s best interests, weighing up three options before deciding elective CS as the best for PQ, partly because the risks of stillbirth are greater once a mother has reached full term. At [7-10] he also admonishes the trust for delaying the application since they had known about PQ’s pregnancy from week 20 and so had not followed the guidance of Keehan J in NHS Trust v FG [2014] EWCOP 30 which sets what is required of applicant Trusts in cases concerning obstetric care.

Read the judgment on the National Archive