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.
Tag Archives: Mental Capacity
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”
Observing my first hearing as a Year 12 student
“I’m a Year 12 student (aged 16) interested in studying Law at university but I’m not able to get any work experience due to the pandemic, so observing a Court of Protection hearing was a great opportunity. ..”
A mother abroad and a family dispute – Part 2
By Daniel Cloake, 19 January 2021 As a follower of the Open Justice Court of Protection Project on Twitter I took advantage of their daily publication of upcoming Court of Protection hearings and e-mailed in my request to observe this case. Before MR JUSTICE COHENSitting as a Judge of the Court of ProtectionMonday, 11 January, 2021At 02:00Continue reading “A mother abroad and a family dispute – Part 2”
Promoting Open Justice in the Court of Protection 