Woman with mental health difficulties confounds judge by giving birth naturally
A pregnant 25-year-old woman with mental health difficulties who was at the centre of litigation in a specialist court has confounded a judge’s expectations by giving birth naturally.
Mr Justice Williams had given doctors permission to perform a Caesarean section against the woman’s wishes.
He had approved a plan which involved allowing medics to covertly administer medication and mislead the woman about what was happening.
The judge concluded that such moves were in the woman’s best interests and said deceit was justified in order to maximise her chances of getting through the process of delivering the baby healthily.
But he has now explained how the woman was able to give birth naturally and doctors had not needed to implement the Caesarean section plan.
The judge had analysed evidence at a public hearing in the Court of Protection, where issues relating to people who lack the mental capacity to take decisions are considered, in London, nearly two weeks ago and has outlined his decision, and developments, in a ruling published online.
Bosses at an NHS trust with responsibility has asked Mr Justice Williams to approve a Caesarean section against the woman’s wishes.
Lawyers appointed to represent her agreed with the Caesarean section plan.
The judge said the woman could not be identified in media reports of the case and he has not named the trust involved in his ruling.
“(The woman), against my evaluation of the probabilities, was able to give birth to her baby naturally,” said Mr Justice Williams in his ruling.
“The capacity for individuals to confound judges’ assessments is a reminder (to me at least) of the gap between probability and actuality.”
A Catholic former midwife recently won a legal fight to stop doctors performing an abortion on her pregnant mentally-ill daughter.
The woman successfully appealed after a judge gave specialists permission to terminate her daughter’s pregnancy.
Judges heard that the woman’s daughter, who is in her 20s, had the mental age of a child aged between six and nine.
Mrs Justice Lieven had initially analysed evidence at a Court of Protection hearing in London.
Bosses at an NHS hospital trust responsible for the woman daughter’s care had asked Mrs Justice Lieven to let doctors perform an abortion.
Three specialists, an obstetrician and two psychiatrists, said a termination was the best option because of the risk to the woman’s psychiatric health if pregnancy continued.
The woman’s mother was against termination and said she could care for the child.
A social worker who works with the woman said the pregnancy should continue.
Lawyers who represented the woman also said she should be allowed to give birth.
Mrs Justice Lieven ruled that termination was the best option but three Court of Appeal judges overturned her decision.
Copyright (c) PA Media Ltd. 2019, All Rights Reserved. Picture (c) Nick Ansell / PA Wire.
