Woman with mental health difficulties gives birth after judge approves C-section

Mr Justice Moor said doctors could carry out the procedure without the woman’s approval if necessary.

(Nick Ansell/PA) (PA Archive)

A woman with mental health difficulties has given birth after a judge ruled that doctors could carry out a caesarean section without her approval if necessary, lawyers have said.

Mr Justice Moor made the ruling at a public hearing in the Court of Protection in London on Thursday.

He had embargoed reporting until the baby was safely delivered and said the woman, who lives in the south-east of England, could not be identified in media reports of the case.

Specialists said the woman had a number of physical health issues and told Mr Justice Moor that a planned caesarean section was the safest way to deliver the baby.

Mr Justice Moor, who considered evidence over two days, said there was “no doubt whatsoever” that “this is the best way to proceed”.

He concluded that the woman’s mental health difficulties meant she lacked the mental capacity to make decisions about treatment.

Bosses at a hospital responsible for the woman’s care had asked for a ruling on what moves were in her best interests.

Lawyers involved in the case said on Friday that the woman had given birth.

They did not say whether or not she had consented to a caesarean section.

Mr Justice Moor had said he hoped the woman would soon return to “full mental health” and would be able to care for her child in the “years ahead”.

Judges overseeing Court of Protection hearings consider issues relating to people who might lack the mental capacity to take decisions for themselves.

The woman had been represented by lawyers at the hearing.

Mr Justice Moor also oversees hearings in the Family Division of the High Court.