Online CPD scheme providing 12 hours for £60: suitable for solicitors, barristers, psychiatrists, social workers and psychiatric nurses
Magic Book | Email updates | Email discussion list | Online updates | Case law | CPD scheme | Books | Jobs | Events

Re P (abortion) [2013] EWHC 50 (COP), [2013] MHLO 1

(Redirected from Re P (abortion) (2013) MHLO 1 (COP))

(1) The solicitor who was one of P's deputies queried whether P had capacity in relation to whether to continue with her pregnancy or have an abortion. (2) Hedley J held that she manifestly lacked litigation capacity but did have capacity in relation to continuing the pregnancy. (3) Generally courts and health officials should not try to decide whether P would be able to bring up a child but should instead concentrate solely on whether the pregnancy itself is in her best interests (the reasoning being that once a child is born, if the mother does not have the ability to care for a child, society has perfectly adequate processes to deal with that). (4) The judge also stated that '[t]he purpose of [mental capacity legislation] is not to dress an incapacitated person in cotton wool but to allow them to make the same mistakes that all other human beings are able to make and not infrequently do'. [Summary based on press article; judgment now available.]

Citations

Case no: COP11984767

An NHS Trust v P

External links

Possible Bailii link (not there when last checked, but it might have appeared since 0700 this morning!)

Transcript

Jerome Taylor, 'Woman with limited mental capacity can have her baby' (Independent, 10/1/12)

39 Essex Street Mental Capacity Law Newsletter#November 2013