Wrightington, Wigan And Lee Teaching Hospitals NHS Foundation Trust v SM [2022] EWCOP 56

Ex tempore judgment following an urgent application concerning obstetric care for SM, a 16 year old who is 39 weeks pregnant.

The applicant trust was seeking a ruling that SM lacks capacity to decide on her care, that they can proceed lawfully with their plan to undertake a Caesarian against SM’s wishes and seeking authorisation to deprive SM of her liberty to achieve safe delivery. A key part of the judgment concerns  the question of SM’s capacity, which fluctuated when under acute stress. Cobb J notes that it was not inevitable that SM would lose capacity to make the decision but there was a high possibility given the clinical history so, following the pre-2005 case of Re MB), declares accordingly. However, if he is wrong, he would still exercise the court’s powers on the basis of parens patriae jurisdiction because SM is a vulnerable child and at the critical moment her ability to make the relevant decisions may be impaired.  [33]

At [34] he notes that he attaches greater weight to SM’s wishes, feelings and sense of autonomy than the trust so decides there should be one more attempt at vaginal delivery. A postscript notes the attempt was successful and also notes some ill-informed reporting of the case. 

Read the judgment on Bailii