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You are here: BAILII >> Databases >> England and Wales Court of Protection Decisions >> North Middlesex University Hospital NHS Trust v SR [2021] EWCOP 58 (10 November 2021) URL: http://www.bailii.org/ew/cases/EWCOP/2021/58.html Cite as: [2022] COPLR 125, [2021] EWCOP 58 |
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This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
Neutral Citation Number: [2021] EWCOP 58
Case No: 13835352
COURT OF PROTECTION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 10th November 2021
Before :
DEPUTY HIGH COURT JUDGE, MISS KATIE GOLLOP QC
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Between :
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NORTH MIDDLESEX UNIVERSITY HOSPITAL NHS TRUST |
Applicant |
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SR |
Respondent |
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Ms Debra Powell QC (instructed by Capsticks Solicitors) for the Applicant
Hearing date: 7th October 2021
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Judgment Approved
Deputy High Court Judge, Miss Katie Gollop QC :
Introduction
Evidence
SR
Evidence From The Consultant Psychiatrist
Evidence From The Midwife
“Sharing information for direct care
26
Appropriate information sharing is an essential part of the provision of safe and effective care. Patients may be put at risk if those who provide their care do not have access to relevant, accurate and up-to-date information about them.9 Multidisciplinary and multi-agency teamwork is also placing increasing emphasis on integrated care and partnership working, and information sharing is central to this, but information must be shared within the framework provided by law and ethics.”
Jurisdiction and the law
“Power to make declarations
(1) The court may make declarations as to—
(a) whether a person has or lacks capacity to make a decision specified in the declaration;
(b) whether a person has or lacks capacity to make decisions on such matters as are described in the declaration;
(c) the lawfulness or otherwise of any act done, or yet to be done, in relation to that person.
(2) “Act” includes an omission and a course of conduct.”
“depending on the individual facts, have to make orders which anticipate a likely loss of capacity if it is going to be able to protect P efficiently” (emphasis added).
He explained that the underlying purpose of such an order is “to enable an incapacitous individual to achieve capacity”.
“All agree that they should be made sparingly. The case law to which I have referred, emphasises the “exceptional” circumstances of the particular cases.”
He then cautioned that the concept of exceptionality must not be corroded by being interpreted as having wider application than the Court might intend. That was to be avoided because the importance of the right to respect for bodily integrity is fundamental and held by the capacitous and incapacitous alike. In the final paragraph of the judgment, he emphasised that one of a pregnant woman’s fundamental freedoms “is her right to take decisions relating to her unborn child based on access, at all stages, to the complete range of options available to her.”
Decision And Reasoning
i. Does SR have capacity to make decisions about her care in pregnancy and birth;
ii. Is there a risk that she will lose that capacity;
iii. Is it appropriate to made a declaration, contingent on her losing capacity, identifying the medical treatment that is in SR’s best interests;
iv. Is it appropriate to make an order permitting the use of physical and chemical restraint so that if the need arises, effect can be given to the treatment declaration.