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.
Related expertise
You may be interested in...
Opinion
Plans to amend NHS pension rules to bolster NHS workforce approved by government
Opinion
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
Legal Update
Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023
Legal Update
HXA and YXA failure to remove cases: Key considerations in anticipation of the Supreme Court judgment
Published Article
Thinking outside the box
Legal Update
Cauda Equina Syndrome and application of the new GIRFT pathway
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
On-Demand
Future of Care - Retirement Living webinar
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
On-Demand
Environmental, social and governance (ESG) in the context of retirement living
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Online Event
Mock Inquest Training Sessions
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
