Application for the P to be transferred to hospital for an elective caesarean section. The application was granted. This application related to Ms A, a woman in her 30s, who was 38 weeks pregnant, and who suffered from paranoid schizophrenia. At the time of this hearing, she was detained in Hospital A under section 3 MHA. She already had 2 children, both of whom were born at home. She wanted the same for this pregnancy. However, on 11 February 2021, Ms A had a scan which showed the baby was growing normally but the fetus was in the breech position and there were just 2 options: a vaginal breech birth or planned caesarean section in hospital.
The court concluded that Ms A lacked the capacity to conduct these proceedings, and to make decisions regarding the birth (mode of delivery) of her child, her obstetric care and post-operative management and, notwithstanding Ms A's lack of capacity, that it was lawful, as being in Ms A's best interests, for her to be transferred from Hospital A to the maternity unit at Hospital B for an elective caesarean section. Read the full text of the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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