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Court of Protection rules schizophrenia patient can undergo planned Caesarean (22 October 2014)

Date: 22/10/2014
Duncan Lewis, Child Care Solicitors, Court of Protection rules schizophrenia patient can undergo planned Caesarean

A Court of Protection judge has ruled that a woman in her thirties who has paranoid schizophrenia can undergo a forced Caesarean section to protect her and her baby’s wellbeing.

The Guardian reports that the hearing in London was told the unnamed woman has a child-like perception of giving birth as “babies popping out”.

The woman at the centre of the case is 39 weeks’ pregnant and is of Polish nationality. She has been detained under the Mental Health Act and the trust in the case has been named as the London North West Healthcare NHS Trust.

Her husband spoke at the hearing, together with expert witnesses – and Mrs Justice Roberts concluded that a planned Caesarean would be in the woman’s best interests, in spite of any “deprivation of liberty” that would be “necessary or consequent”.

Specialists told the Court of Protection that the woman’s “level of unpredictability” posed a risk if she underwent a natural birth. The woman’s husband agreed with the decision for her to have a planned Caesarean.

The Court of Protection deals with cases involving vulnerable adults and children who may be at the centre of custody cases – or who have physical or mental disabilities which may require them to have specialist care or be taken into Local Authority care.

The identity of parties involved in Court of Protection cases is usually kept secret to protect the parties – but at the judge’s discretion, the Local Authority or the health trust involved in a case can be named in court.

Details of such cases are usually only released in the judge’s written ruling, which is published some weeks or months after the court hearing.

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For expert legal advice on family law and childcare law, call Duncan Lewis children lawyers on 020 7923 4020.


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