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

Research output: Other contribution


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.
Original languageEnglish
TypeOpen Justice Court of Protection Project
Media of outputBlog Post
Publication statusPublished - 3 Jun 2021


  • court of protection
  • capacity
  • obstetric violence
  • childbirth
  • foetal status


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