"Not nothing"? The Late Term Foetus in the Court of Protection

In the recent case of A NHS Foundation Trust v An Expectant Mother [2021] 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.