University Hospitals of Derby and Burton NHS Foundation Trust & Anor v HH [2026] EWCOP 35 (T3)

Applications regarding capacity of HH to make decisions about obstetric care

HH is 30 years old and at the time of the hearing 37 weeks pregnant. She has a diagnosis of paranoid schizophrenia and has been detained under s3 of the MHA since June 2026. The Trusts, one responsible for HH's medical care and the other for her mental health, were seeking declarations that HH lacks capacity to conduct proceedings and make decisions about her obstetric care. If capacity is lacking, then they were seeking further declarations that it is in her best interests to deliver the baby by elective caesarean section if necessary. 

Theis J, the Vice President, after reviewing the medical evidence and the legal framework, agrees at [50] that HH lacks capacity and allows the applications. While acknowledging HH's wish to have a vaginal birth she states at [55] "where there is an immediate risk to HH, staff or others there may be no alternative but to proceed to a caesarean section under general anaesthetic"

Read the judgment on Bailii