Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17

Application concerning NR, a 35-year-old woman who is 22 weeks pregnant and may undergo a termination. 

NR has a history of drug and alcohol abuse and has previously had children removed by social services. She has also self-harmed and suffered post-natal depression during previous pregnancies. It was clear NR was conflicted about whether to give birth or not and accordingly assessing her wishes and feelings was difficult as evidenced by a chronology set at [23]. Given NR is 22 weeks pregnant, the procedure would be invasive and only one suitable hospital is a distance away from where NR is currently being detained under s3 of the MHA.

Hayden J provides a careful analysis of the evidence and the options available to NR but is at pains to emphasise NR's autonomy despite finding she lacks capacity at [12]. He then notes at [50] the Court is required, having considered best interests, to make a declaration as to lawfulness. In this case he decided at [52]

"The initial application for a declaration was that I should state that it is lawful and in NR’s best interests to have a termination. I expressly decline to make that declaration. I do, however, approve the proposed care plan and confirm the lawfulness of it. Thus, I make a declaration that the care plan, setting out the arrangements for a termination of NR’s pregnancy is lawful. I go no further."

Read the judgment on The National Archive