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University Hospitals Dorset NHS Foundation Trust v Miss K [2021] EWCOP 40

Caesarean - severe criticism of Trust (1) The application should have been made significantly earlier than the day before the proposed caesarean, and judicial criticism of delay felt like "a waste of breath" as it had been made so often. The OS had been instructed the same day, and was unable to form a view on best interests, rendering her role effectively a "tick box exercise". (2) The OS was "appalled" at the evidence of the consultant obstetrician, who decided that Miss K had capacity on 10/6/21 when she chose a caesarean on the basis that she could hold and keep safe her baby earlier, when in fact it had been decided on 20/5/21 that the local authority would take the baby so that when she woke up there would be no baby. (3) The court decided that a planned caesarean, having been taken from PICU to obstetric unit by force if necessary, was in Miss K's best interests. In the event no force was necessary.


Full judgment: BAILII


  • Medical treatment cases🔍

Date: 10/6/21🔍

Court: Court of Protection🔍



  • University Hospitals Dorset NHS Foundation Trust🔍
  • Dorset Healthcare University NHS Foundation Trust🔍
  • Miss K🔍

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Published: 19/6/21 13:59

Cached: 2021-10-23 09:00:04