Legal News

A High Court judge in the Family Division has allowed police to forcibly enter the home of an expectant mother, so that a forced Caesarean section can be carried out to protect her unborn child.

The Daily Mail reports that Mr Justice Cobb gave consent to the woman being taken forcibly to hospital because there was a chance she could die in childbirth and she consistently refuses to give birth in hospital.

The mother at the centre of the case already had five children, the third of whom was born at home using barbecue tongs as forceps. The child was delivered by the woman’s partner and was later found to have sustained head injuries as a result of the delivery. All of her five children have been taken into care and there were concerns about the delivery and welfare of her sixth child. The court was told that four of the mother’s children have been adopted. She is said to have a phobia of hospitals, however and insists of giving birth at home.

The Family Division of the High Court heard that the mother’s third child was found lying in her arms at between five and 10 days old, having been born at her home in secret. Social workers found the child to be severely dehydrated – and for the first days of life the infant appeared to have been fed on packet soup. Injuries to the child’s head were also found, as a result of the family’s barbecue tongs being used as improvised forceps by the woman’s partner during the delivery.

The court heard that both the mother – named in court as DD and said to be in her mid-thirties – and her partner have learning difficulties.

The mother also has autism spectrum disorder. Her partner is said to be more seriously affected by learning difficulties than she is.

However, the mother had also suffered serious physical difficulties during previous deliveries, including haemorrhaging, seizures and a stroke.

Mr Justice Cobb ruled that the mother’s “undoubtedly unwise” previous actions regarding home births indicated she was unable to make rational decisions for herself – and authorised police to enter the woman’s home by force, if necessary. He also authorised the use of restraint and sedation if necessary, to ensure DD remained in hospital for the birth of her child.

The court heard that, despite concerns over her own welfare and a previous history of adverse medical events during delivery, DD consistently refused medical care and insisted on being “left alone” during her pregnancies and the birth of her children.

She also failed to keep appointments for ante-natal care and had refused to answer the door to social workers – even denying that she was pregnant to visiting welfare workers.

Her home was said to be “dirty” by social workers who had visited and been allowed entry to the house – and DD did not appear to have any equipment for caring for a baby, including a lack of baby bottles, feeders, blankets and nappies in the home.

She had previously concealed pregnancies from healthcare professionals – and the latest pregnancy was only discovered when she was removed from her home in execution of a warrant and was taken to a psychiatric hospital for assessment.

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