| Display title | S v Birmingham Women's And Children's NHS Trust [2022] EWCOP 10 |
| Default sort key | S v Birmingham Women's And Children's NHS Trust (2022) EWCOP 10 |
| Page length (in bytes) | 1,518 |
| Page ID | 14158 |
| Page content language | en - English |
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| Page creator | Jonathan (talk | contribs) |
| Date of page creation | 22:52, 12 March 2022 |
| Latest editor | Jonathan (talk | contribs) |
| Date of latest edit | 20:47, 8 September 2022 |
| Total number of edits | 3 |
| Total number of distinct authors | 1 |
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| Recent number of distinct authors | 0 |
Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | (1) The medical bodies' assertion that there had been "unanimous agreement" that S lacked capacity or that abortion was not in her best interests was a distortion of reality, as they had excluded S's objections from their decision making. Their failure to refer the matter to court, which was in contravention of Practice Guidance (Court of Protection: Serious Medical Treatment) (2020) EWCOP 2, meant that: (a) S, while a s3 patient and at the cost of incurring personal debt, had to bring proceedings herself; (b) there was extreme time pressure, the last day for a lawful abortion being the day after the hearing; and (c) the hearing inappropriately had to be held remotely and without the opportunity for public observation. (2) The relevant information in this particular case was: (a) what the termination procedures involve for S ("what it is"); (b) the effect of the termination procedure/the finality of the event ("what it does"); (c) the risks to S's physical and mental health in undergoing the termination procedure ("what it risks"); (d) the possibility of safeguarding measures in the event of a live birth. (3) S had capacity to decide whether to have an abortion. |
