North Middlesex University Hospital NHS Trust v SR [2021] EWCOP 58

Contingent declaration - caesarean SR had capacity to make decisions about her care in pregnancy and at birth, and wanted a caesarean section. The judge did not determine whether a threshold test for contingent declarations was necessary but suggested (obiter) that the appropriate threshold would be "a real risk" that the person may lose capacity. There was such a risk, and it was in SR's best interests for a planned caesarean to take place, using force if necessary.

Essex

This case has been summarised on page 20 of 39 Essex Chambers, 'Mental Capacity Report' (issue 117, November 2021).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Medical treatment cases🔍

Date: 10/11/21🔍

Court: Court of Protection🔍

Cited by:

• Somerset NHS Foundation Trust v Amira [2023] EWCOP 25

Judge(s):

• Katie Gallop🔍

Parties:

• North Middlesex University Hospital NHS Trust🔍
• SR🔍

Citation number(s):

• [2021] EWCOP 58^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 117, November 2021)
• Somerset NHS Foundation Trust v Amira [2023] EWCOP 25

Published: 13/11/21 21:39

Cached: 2024-12-19 09:38:38