Decision to allow termination of pregnancy overturned by Court of Appeal
P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P鈥檚 treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.
P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P鈥檚 treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.
P鈥檚 obstetrician and psychiatrists believed that termination would be in P鈥檚 best interests, as there was a risk of P鈥檚 psychiatric health if her pregnancy continued. They were also concerned that P could pose a risk to her baby due to her mental illness and behaviour.
The court authorised a termination as being in P鈥檚 best interests. This decision was appealed by P鈥檚 mother, who was against abortion and said she could care for the child. This position was supported by a social worker who had worked with P and believed she should give birth.
On 24 June 2019, the Court of Appeal upheld this appeal and overturned the decision to allow the termination. An official judgement is still awaited.
This case serves as a reminder of the importance of making applications to the Court of Protection, especially in sensitive and controversial cases like this.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
澳门六合彩资料
Labour鈥檚 employment law reforms: Employment Rights Bill unveiled
澳门六合彩资料
ABC pilot: Improving maternity safety to prevent brain injuries in childbirth
澳门六合彩资料 - Maternity services
DISCERN study published: How to improve discussions with families when things go wrong in maternity care
Press Release
澳门六合彩资料 to provide legal services to public bodies across UK after appointment on inaugural YPO framework
澳门六合彩资料
Balancing acts: Navigating the complex risks in adult social care provision
Opinion
Lord Darzi鈥檚 report on the NHS in England and the future of mental health care
Press Release
澳门六合彩资料 launches new HR services offering in health and social care
澳门六合彩资料
Employment Healthcare Briefing: October 2024
澳门六合彩资料
What does the Supreme Court decision in Tesco v USDAW mean for NHS employers?
Online Event
Mental health and capacity forum
澳门六合彩资料 - Procurement Act
Decisions of the Independent Patient Choice and Procurement Panel
澳门六合彩资料
Strike breakthrough: Junior doctors agree to pay deal, ending prolonged industrial action
澳门六合彩资料
Death certification reform in England and Wales: How will health and social care be affected?
澳门六合彩资料
A balancing act: Navigating between positive action and discrimination in the workplace
澳门六合彩资料
Vicarious liability for kinship foster carer abuse: Implications for local authority insurers
Online Event
Shared Insights: CQC enforcement and prosecution in the health and care sector
Online Event - Shared Insights
Shared Insights: Complex medical treatment decisions for patients with mental disorder
澳门六合彩资料
CQC publish National review of maternity services in England
澳门六合彩资料
World Patient Safety Day 2024: 鈥淚mproving diagnosis for patient safety鈥
澳门六合彩资料
Relying on parental consent for treatment and restraint against a child's wishes
Press Release
澳门六合彩资料 to provide legal advice to North West public bodies after contract award
On-Demand - Shared Insights
Shared Insights: Insights from the Chief Coroner of England and Wales
澳门六合彩资料
A long period of voluntary child care does not always mean an entitlement to damages
澳门六合彩资料
Extended s20 voluntary care isn鈥檛 always a breach of human rights
澳门六合彩资料
Mitigating the 拢6.2bn black hole: Are councils maximising these resources well enough?
Press Release - #PositivePurpose
Strolll: HealthTech for rehabilitation
澳门六合彩资料
Implementing green leases: Enhancing sustainability in NHS properties
澳门六合彩资料 - Procurement Act
Procurement Act 2023: Light Touch Regime
Press Release
澳门六合彩资料 contributes to report promoting greater UAE-UK collaboration in cancer care
澳门六合彩资料 - Shared Insights
Shared Insights round-up: Summer 2024
Opinion
Choose your words wisely: Balancing inclusivity and employees鈥 beliefs at work
Published Article
Regulation health tech: What the Provider Selection Regime means for healthcare procurement
Opinion
Court of Appeal finds there is no requirement for 鈥渂elief鈥 in the Mental Capacity Act functional test
澳门六合彩资料
Court of Appeal extends local authority liability for kinship foster carers
Opinion - Maternity services
Revolutionising patient care: Innovative kit for instant translation in 240 languages
澳门六合彩资料
Challenges under the Provider Selection Regime: How should commissioners handle representations?
Opinion - Maternity services
New Government plans for NHS maternity services: What can we expect?
澳门六合彩资料
Employment Healthcare Briefing: July 2024
澳门六合彩资料
UK government announces new Mental Health Bill to modernise the Mental Health Act 1983
