The Hospital Trust v V & Ors [2017] EWCOP 20

The issue in this case was whether it was in the best interests of the vulnerable and sexually unaware Patient to administer contraception. The court held that it was.

The Patient, who has a severe learning disability, became pregnant in circumstances which in all probability amounted to rape and gave birth to a baby boy in 2016. The perpetrator of the sexual assault remains unknown; neither the Patient nor her family can shed light on the circumstances in which the assault occurred. The issues before the court were:

• Whether the Patient has the capacity to consent to sexual relations:
• Whether she has the capacity to agree to the administration of non-therapeutic contraception;
• Whether it is in Miss V's best interests that she receives non-therapeutic contraception

The court held that the Patient lacks capacity to consent to sexual relations, and make decisions in relation to contraception. She is not able to understand how a woman becomes pregnant, or that pregnancy could be avoided by not having sexual intercourse. The court ruled that it was in her best interests that a contraceptive patch be administered for a trial period of up to six months.

​Read the full text of the judgment on Bailii