In the recent case of A NHS Foundation Trust v An Expectant Mother  EWCOP 33 (hereafter, 'An Expectant Mother'), the Court of Protection (COP) was asked to give authority for a pregnant woman with severe ('longstanding and deep seated') agoraphobia to be transported to hospital for a planned delivery (using restraint if need be), notwithstanding her stated wish for a vaginal birth at home. As is now well-known, Holman J made the requested declaration, having determined that the woman lacked capacity to refuse because her agoraphobia prevented her from weighing relevant information and using it to reach a decision. As is also now known, the woman subsequently travelled to hospital without the need for restraint, and her healthy baby boy was born there, apparently naturally.
|Type||Open Justice Court of Protection Project|
|Media of output||Blog Post|
|Publication status||Published - 3 Jun 2021|
- court of protection
- obstetric violence
- foetal status