Guy's and St Thomas' NHS Foundation Trust v X [2019] EWCOP 35

Pregnancy - OS out-of-hours representation (1) Official Solicitor's lack of out-of-hours service: "... I invite the Official Solicitor to urgently review this position and consider putting in place arrangements that will ensure appropriate representation out of normal court hours for those individuals who are the subject of urgent applications that potentially involve serious medical treatment. ... [E]very effort must be made to issue such applications during normal court hours." (2) Pregnancy: "Having considered the submissions of the parties there is, in my judgment, in accordance with s 48 Mental Capacity Act 2005, reason to believe that X lacks capacity in relation to the matter, namely the medical intervention that may be necessary for X to give birth to a baby who is safe and well. On the evidence the court has from Dr Y, which I accept, his assessment is X is unable to reconcile her conflicting beliefs (on the one hand of wanting a natural birth and also wanting a live, well and safely born baby) in a way that she is able to balance the pros and cons. Additionally, there is, in my judgment, a real risk the position is unlikely to change and is more likely to deteriorate. He concluded X showed limited insight in relation to her previous mental ill- health. I have carefully considered the submissions on behalf of the Official Solicitor regarding capacity but looking at all the evidence and information available to the court I am satisfied the interim declaration should be made."

CASES DATABASE

Full judgment: BAILII!

Subject(s):

  • Litigation friend cases🔍
  • Medical treatment cases🔍

Date: 25/7/19🔍

Court: Court of Protection🔍

Judge(s):

Parties:

  • Guy's and St Thomas' NHS Foundation Trust🔍
  • X🔍

Citation number(s):

What links here:

Published: 19/8/19

Cached: 2019-09-23 11:07:35