Links: Judiciary
Coram: Mostyn J
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous children by caesarian section, and the doctors identified a clear risk of uterine rupture if she now attempted a natural birth. Given her mental condition, they feared a lack of co-operation on her part, and her psychiatrist said that in her present condition she lacked the mental capacity to make the decision for herself. Her doctors requested the court to make an order that the birth be a caesarian under conditions of control which would best guarantee the patient’s health and successful delivery.
Held: (ex tempore) The medical evidence was clear, from her psychiatrist as to capacity and from her gynaecoligist as to the best method of delivery, and both indicated the need for intervention. The order was made accordingly.
The court noted the interest of the local social services in their concern for the care of the child who might be born, and reminded them of the need for appropriate caution and due procedure in any ensuing proceedings.
Statutes: Mental Health Act 1983 3, Mental Capacity Act 2005
This case is cited by:
- Cited – In re P (A Child) Misc (Bailii, [2013] EW Misc 20 (CC))
Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
Held: The threshold . . - Cited – In re P (A Child) FD (Bailii, [2013] EWHC 4048 (Fam))
A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She . . - Cited – Re P FD (Bailii, [2013] EWHC 4037 (Fam))
A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation . .
