Kettering General Hospital NHS Foundation Trust v C [2023] EWHC 239 (Fam)

Treatment of baby The High Court granted anticipatory declarations under its inherent jurisdiction relating to an unborn child to secure the administration of anti-retroviral medication to the baby in the absence of the HIV-positive mother's consent. The judge noted that there was no jurisdiction in this case under the MCA: "The fact that C's views in relation to the proposed treatment may be entirely out of step with received medical opinion, does not challenge and certainly does not rebut, the presumption that she is capacitious to take the decision herself."


The same judgment is also on BAILII with the neutral citation [2023] EWFC 12B.


Full judgment: BAILII


Date: 31/1/23🔍

Court: High Court (Family Division)🔍



  • Kettering General Hospital NHS Foundation Trust🔍
  • C🔍
  • North Northamptonshire Council🔍

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Published: 14/3/23 11:51

Cached: 2024-04-13 08:43:00