NHS Trust v JP [2019] EWCOP 23

Application brought by an NHS Trust for declarations whether it is in JP's best interests to: i) deliver her baby via a Caesarean section under general anaesthetic; ii) to be transferred to hospital from her home in accordance with the transfer plan; and iii) not inform her of the outcome of these proceedings.

JP suffers from microcephaly and associated behavioural issues to the point where she had not engaged with the medical professionals involved in her pregnancy. Both the medical professionals and the Official Solicitor backed the plan even though it would involve an element of deception.

Mr Justice Williams agreed that JP lacked capacity and that the plan, when supplemented by post natal psychiatric support, was 'the least worst option' because the risks involved in a natural birth. However in a  Postscript to the judgment he notes that 

​"As presaged in paragraph 6 of this judgment, before it was finalised I received the happy news that JP has indeed gone into labour, I believe on the 19 June, and had delivered her baby without the care plan I had authorised being implemented. Thus JP, against my evaluation of the probabilities, was able to give birth to her baby naturally. The capacity for individuals to confound judges' assessments is a reminder (to me at least) of the gap between probability and actuality."

Read the full judgment on Bailii.