​Northern Care Alliance NHS Foundation Trust & Anor v H [2023] EWCOP 183

​Proceedings concerning the P and whether a termination of her pregnancy was in her best interests.

These proceedings concern the health and welfare of Ms H, who suffers from Schizoaffective disorder, and in particular focus on: i) whether she has capacity to make a decision to consent to terminate her pregnancy; ii) if she lacks capacity in respect of this matter, whether a termination is in her best interests or not; and iii) if a termination is in her best interests, whether this should be carried out by a medical or surgical procedure. The P wanted a termination. The first and second applicants, who were responsible for Ms H’s obstetric care and care of her mental health, were seeking an order that a medical termination is in her best interests.

The court concluded that the P lacks capacity to decide whether  to consent to a termination of her pregnancy, that a termination was in her best interests and a medical termination rather than a surgical termination was ordered.

Read the full text of the judgment here.