Shrewsbury and Telford Hospital NHS Trust v T & Anor [2023] EWCOP 20

Judgment giving reasons for refusing an anticipatory declaration involving obstetric care for T.

T had a diagnosis of Persistent Delusion Disorder but had been assessed to have capacity in mid July though there was a concern that capacity may fluctuate as there had been previous episodes when staff had been unable to carry out antenatal checks because of T's behaviour. Her due date was 6th August 2022. The OS was sent the bundle on 29th July.

In this judgment, Lieven J comments that the application should have been made much earlier and goes on to note at [24] 

"T had indicated quite clearly, at a point when no one disputed her capacity, that she would enter into an advanced declaration about medical treatment. In my view that was a far more appropriate way to deal with a potential loss of capacity, rather than engaging the Court in making an invasive and draconian order. Such an approach protects the woman’s autonomy, in a way that an anticipatory declaration does not do."

She adds at [25] that, if there was a true emergency, then the clinicians can use the doctrine of necessity to protect the mother. She therefore declined to make the declaration.

Read the judgment on the National Archives