There was no evidence before the court about the extent to which mothers with agoraphobia (or other conditions) are in fact resistant to obtaining medical intervention in the midst of labour if advised that it is necessary to ensure the safety of themselves or their baby. In so many of the cases about mode of delivery that come before the court, the concern of the health professionals is that there will be lack of compliance in labour. Yet in most cases, the babies are born without resort to force or the authority of the court order.
Tag Archives: Mental Capacity
Choice, human rights and childbirth in the Court of Protection
By Rebecca Brione, 26th May 2021 Over the last two years there have been at least eight cases heard in the Court of Protection concerning place and mode of birth for women who were deemed to lack capacity under the Mental Capacity Act 2005. The case reported last week is the second in a few months aboutContinue reading “Choice, human rights and childbirth in the Court of Protection”
Human rights in maternity and the Court of Protection
Specialist perinatal mental health midwives (as well as consultant midwives who have a remit for perinatal mental health) are frequently involved in complex birth planning for women with significant mental health disorders. We have experience of creating individualised birth plans for women with severe anxiety, obsessive-compulsive disorder, post-traumatic stress disorder and psychotic illness, as well as agoraphobia. Our experience is that in all these cases, there were safe and happy outcomes – without recourse to court orders or forced hospital transfer.
Phobias, paternalism and the prevention of home birth
At the conclusion of a three-day hearing, Mr Justice Holman declared that P lacked capacity to make the relevant decisions and ordered that it was lawful and in her best interests for medical staff to transfer her to hospital a few days before her estimated due date, and for medical professionals to offer her a choice of induction of labour or Caesarean Section in hospital.
Dignity and its uses
“The qualification of dignity in relation to living independently from one’s parents normalises white, Western households. What does that principle say about people from communities who live in multi-generational households as a norm, both in the UK and around the world? Or people who (with capacity) choose to live with their parents, for whatever reason? How has the human need for care and community with other people become a criterion for assessing dignity?”
Agoraphobia, pregnancy and forced hospital admission: Public responses to media reports
On 14th May 2021, BBC News and two national newspapers ran a story about a Court of Protection hearing concerning a 21-year-old woman with agoraphobia who is pregnant and wants to give birth at home. There is no published judgment available yet so these media reports are the only publicly available sources of information.
Inspired by Bournewood: A s.21A challenge and delay in the court
By Evie Robson and Celia Kitzinger, 10th May 2021 On the morning of Tuesday 13th April 2021, we both logged on to MS Teams to observe a hearing before District Judge Ellington (COP 13715986). The listing information on the First Avenue House website – which helpfully provides advance information about the issues to be addressed in court – informedContinue reading “Inspired by Bournewood: A s.21A challenge and delay in the court”
Why covid vaccination is NOT in this care home resident’s best interests
I really wasn’t sure which decision Mr Justice Hayden was going to make as I sat through the hearing. Details of all possible options were closely examined, especially the option of using a sedative which was discussed in some depth, so I was really quite relieved when he delivered the judgment and I absolutely agree with his decision and with the reasoning behind it.
Court-enforced amputation or patient autonomy?
At the end of the hearing, in her closing summary, Emma Sutton acknowledged that it was a “finely balanced” decision but came down on the side that amputation was NOT in her best interests – most especially as it went counter not only to her current wishes and feelings, but also to her clearly expressed capacitous decisions as recently as last year.
A best interests decision about contraception and residence
By Jasmine Thomson, 28th April 2021 I am a first-year social work student at Bournemouth University. I was lucky enough to hear about the Open Justice Court of Protection Project through one of our lecturers and was immediately intrigued. So, I arranged to observe a hearing as soon as I could. The hearing I observedContinue reading “A best interests decision about contraception and residence”
Promoting Open Justice in the Court of Protection 