Giving birth and the Court of Protection – Transparency Project

Posted September 3rd, 2019 in birth, consent, Court of Protection, health, learning difficulties, news, pregnancy by sally

‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’

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Transparency Project, 2nd September 2019