An NHS Foundation Trust v D [2010] EWHC 2535 (COP)

(1) D lacked the capacity to decide on medical treatment for her prolapsed uterus, as she held the delusional belief that her condition was normal and did not require treatment. (2) It was in D's best interests to receive surgery, as if untreated her condition could be life-threatening. (3) The proposed restraint and deprivation of liberty (including a general aesthetic six days before the surgery) was authorised, if absolutely necessary, as being in her best interests. (Summary based on press articles.)


Before: Macur J

Hearing and decision 29/9/10; judgment 14/10/10.


Case No: COP 11426732

External link

Possible Bailii link (not there when checked last night, but might have appeared since)


Daily Mail, 'Judge rules mentally ill woman can be sedated for SIX days so doctors can perform life-saving surgery she doesn't want', 30/9/10

Metro, 'Mentally ill woman faces surgery against her will', 30/9/10

39 Essex Street, 'Court of Protection Newsletter' (issue 5, January 2011)