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’s 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’s treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.
P’s obstetrician and psychiatrists believed that termination would be in P’s best interests, as there was a risk of P’s 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’s best interests. This decision was appealed by P’s 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...
Opinion
Tribunal Decision on Successive use of FTCs Exceeding Four Years’ Service and Objective Justification
Legal Update
Employment tribunal case analysis: Mr M Temperton v Greater Manchester Mental Health NHS Foundation Trust
Legal Update
Browne Jacobson strengthens Irish Corporate team with appointment of Principal Associate James Byrne
Legal Update
What does the election mean for Net Zero and the green ambitions of public bodies?
Legal Update
Redress and reparation schemes: Where the complexity is not about quantum
Legal Update - PFI expiry
A first of many? PFI company seeks Restructuring Plan
Legal Update
General election: What a new government could mean for employment law
Opinion - Maternity services
New online system streamlines maternity services at The University Hospitals of Derby and Burton NHS Foundation Trust
Legal Update
UK election 2024: What are the healthcare promises made by the major political parties?
Opinion - Maternity services
The power of parental touch for babies undergoing painful procedures
Opinion
Inquiry into the coroner service halted – so what next?
On-Demand - Shared Insights
Shared Insights Data: Strategies for handling cyber attacks and data breaches
Press Release
Browne Jacobson signs up to UAE-UK Business Council to provide expertise in emerging healthcare trends
In Person Event
Claims club, Exeter
Legal Update - PFI expiry
Managing PFI contract expiry and maintaining party relationships
On-Demand - Shared Insights
Shared Insights: Focus on the Patient Safety Incident Response Framework (PSIRF)
On-Demand - Shared Insights
Duty of Candour review: Submission to the Department of Health and Social Care
Legal Update
Government response to the recommendations regarding the draft Mental Health Bill
Online Event - Shared Insights
Shared Insights: Focus on maternity and neonatal safety
Legal Update - Procurement Act
Provider Selection Regime - how will it work in practice?
Press Release
‘Privacy by design’ approach will help health and care organisations gain public trust in using technology as ICO publishes new guidance
Legal Update
Understanding the ICO's new fining guidance
Opinion - Maternity services
Newborns born outside of hospitals at higher risk of hypothermia during emergency responses
Guide
Demystifying international healthcare contracting
On-Demand - Shared Insights
Shared Insights: Preparing and delivering organisational learning evidence in the Coroner’s Court
Legal Update
ICO consultation on accessing care records: A legal perspective
Legal Update - Shared Insights
Shared Insights round up - Spring 2024
Legal Update
Court of Protection rules on capacity and best interests in pregnancy termination case involving detained woman
Legal Update
Employment Healthcare Briefing - March 2024
Legal Update
The importance of including temporary staff in NHS patient safety investigations
Legal Update
Death certification reform in England and Wales – how will healthcare providers and commissioners be affected?
Opinion
Government’s Spring Budget invests millions in maternity safety
Opinion - Maternity services
Health Service Journal reports on growing trend of “free birthing”
Legal Update - Maternity services
Introduction of baby loss certificates gives recognition to millions of bereaved families in the UK
Legal Update
Charity law update – March 2024
Legal Update
NHS England publishes updated guidance on NHS subsidiary companies
Opinion
Caregivers at work: Navigating new carer's leave regulations
On-Demand - Shared Insights
Shared Insights: Sexual safety in the workplace — how leaders can help to create a sexual safety culture
Opinion
EHRC publishes new guidance on menopause and the workplace
