North Bristol NHS Trust v R [2023] EWCOP 5

Caesarean section "This is an application by North Bristol NHS Trust (hereafter “the Trust”) for declarations that R lacks capacity to decide whether or not her unborn baby should be delivered pre-term by elective Caesarean section and that an elective Caesarean section at 34 weeks is in her best interests. ... This case is unusual in that R has not expressed an objection to giving birth by way of Caesarean section. However, the medical team caring for R are concerned that there is a risk that she may ultimately refuse the Caesarean in the same way as she has intermittently refused foetal monitoring, resulting in her physical and/or mental heath being compromised through damage to, or the death of her baby."

Essex

This case has been summarised on page 9 of 39 Essex Chambers, 'Mental Capacity Report' (issue 131, May 2023).

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 134, September 2023)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 136, December 2023)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 143, September 2024)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Medical treatment cases🔍

Date: 10/2/23🔍

Court: Court of Protection🔍

Judge(s):

• MacDonald🔍

Parties:

• North Bristol NHS Trust🔍
• R🔍

Citation number(s):

• [2023] EWCOP 5^B

What links here:

• Updates
• 39 Essex Chambers, 'Mental Capacity Report' (issue 131, May 2023)
• 39 Essex Chambers, 'Mental Capacity Case Reports' (issue 1, April 2023)
• Annual Review 2023

Published: 6/6/23 21:15

Cached: 2025-04-26 02:23:47