Court of Protection Hub
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site

Cases

North Bristol NHS Trust v R [2023] EWCOP 5

8/3/2023

 
Application for declarations that R lacks capacity to decide whether her unborn baby should be delivered pre-term by elective Caesarean section and that this would be in her best interests. 
The medical team at the applicant trust had fears that R’s baby risked severe brain damage or death if allowed to go full term. R herself had not expressed any objection to a Caesarean but she had refused foetal monitoring in the past and so there was a danger she could change her mind. The issue of capacity was not clear cut as, while recent assessments gave clear indications of incapacity, one had found that R had capacity in this area. 

In this judgment, MacDonald J reviews the history of the case and the capacity assessments. He then sets out the law relating to capacity in a situation where there is no formal diagnosis of an impairment or disturbance of R’s mind. As he says at [44] this absence of a formal diagnosis raises the question of whether one is necessary in order for the terms of s.2(1) of the MCA 2005 Act to be satisfied. Following Re SB and PC v City of York he concludes at [48] that the court is not precluded from reaching a conclusion in the absence of a formal diagnosis and goes on to conclude she lacks capacity. On the issue of best interests, he reminds himself that he is only concerned with R’s best interests, not those of the baby. However, accepting the medical evidence he decides the Caesarean would be in R’s best interests as delivering a dead child would be extremely traumatic for her. 

Read the full judgment on the National Archives

Comments are closed.
    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    Support the Hub
    This site is free to access but if you find it useful then please consider a contribution by way of support for our work.  Click here to contribute.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination

    Archives

    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015


Powered by Create your own unique website with customizable templates.
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site