The authority wanted S to be admitted to hospital, if necessary against her will. She was pregnant and wanted to have a natural birth, even at great risk to herself and her baby. She had refused medical treatment for eclampsia. The caesarian had by now been carried out against her will under court order.
Held: The cumulative grounds for admission under s.2(2)(a) of the Act had not been made out, and her detention under the Act had been unlawful. The court allowed her appeal against the declaration dispensing with her consent. The reason for detention, albeit for potentially life saving medical treatment, was not related to the alleged mental disorder. Her wishes could not be overridden by a court unless she was clearly and properly not of sound mind.
Citations:
[1998] 2 WLR 936
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Regina v Collins; Pathfinder Mental Health Services NHS Trust and St Georges Health Care NHS Trust ex parte S Admn 18-Feb-1997
An application was to be made to challenge a decision to sterilise a young woman in the care of the health authority.
Held: The application was in the nature of a request for judicial review. As such a judge in the administrative division was . .
See Also – Regina v Collins; Pathfinder Mental Health Services NHS Trust and St George’s Health Care NHS Trust ex parte ‘S’ Admn 17-Mar-1997
The applicant sought to challenge a decision that she should be sterilised, and detained as a mental patient for this purpose. . .
Cited by:
Affirnmed – In re B (Consent to treatment: Capacity) FD 22-Mar-2002
The claimant had suffered catastrophic injuries, leaving her unable to breathe without artificial help. She eventually decided that she wanted to refuse treatment. The health authority took this as an indication of lack of capacity, and refused to . .
Cited – Ms B v An NHS Hospital Trust FD 22-Mar-2002
The applicant had come to suffer from a completely disabling condition, and requested that her life support machine be turned off. She did not want to live on a ventilator, and had made a living will. She was found at first to have capacity to make . .
Cited – G v E and Others CoP 26-Mar-2010
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 13 September 2022; Ref: scu.89469
