Law and Rights
Updated 4th December
Christopher Booker in Sunday Telegraph (1st December 2013) - "Operate on this mother so that we can take her baby" - 'A mother was given a caesarean section while unconscious - then social services put her baby into care.' The mother had been "sectioned" under the Mental Health Act 1983 s.3.
Some more light is thrown on the case by a response from Essex County Council dated 2nd December 2013. According to this response it was the Health Trust's clinical decision to apply to the court for permissions to deliver her unborn baby by caesarean section because of concerns about risks to mother and child. (The application would have been to the Court of Protection).
A fuller article about the case is at Marilyn Stowe Blog where caution is urged in relation to comments -
'Unless and until the full judgment is released, (which I hope it is) we will find out exactly what did happen and until then I would urge no wild speculation, no unwise comment and only the greatest caution. It is not my experience that a High Court judge would make any order unless absolutely satisfied such action was in the best interests of both mother and child and there was no alternative. Furthermore that sectioning a patient is also never done unless there is the greatest need ....'
Of course, the matter raises acutely the need for judgments to be published in all cases by the Court of Protection so that the public can see the reasoning for particular decisions. Many judgments are available via Bailii - Court of Protection.
Mother is seeking the return to her of the child and the Judicial Office has stated that these latest court proceedings are being transferred to the High Court ...
Other blogs:
Another look at this case is at Pink Tape blog - Never let the facts get in the way of a good story, eh? See also Tues 3rd : Judgment of His Honour Judge Newton in care proceedings (final care and placement orders) now released on bailii (P (A Child) [2013] EW Misc 20 (CC) (01 February 2013)).
Suesspicious Minds blog - Untimely ripped
Another day in the Court of Protection by John Bolch
Previous posts:
Court of Protection - an overview 25th April 2013 and links therein. Little is known by the general public about the Court of Protection. It was created, from 1st October 2007, by the Mental Capacity Act 2005 s45. It has the same powers, rights, privileges and authority as the High Court. A general description of the court's work is available via the Judiciary website. Court of Protection Rules provide that the court usually sits in private (Rule 90). The court may authorise publication of information about proceedings but, in doing so, is entitled to insist on the parties remaining anonymous. Many judgments have been published.
Update 4th December 2013:
- Some Recent Decisions In The Family Court
Since the creation (on 22nd April - see post of 24th April) of the new Family Court for England and Wales, cases are being reported by Bailii under the headings of- England and Wales Family Court Decisions (other Judges)England and Wales Family Court...
- Family Law ~ Catch Up Notes
The Family Justice system is working toward the implementation of the new Family Court for England and Wales. On this see post of 12th May 2012 and the Crime and Courts Act 2013 Part 2 (along with Schedules 9 to 11). The President of the Family...
- Court Of Protection ~ An Overview
Update 4th May: Committal for Contempt of Court - Practice Direction of 3rd May The Court of Protection has been mentioned a few times on this blog - for example, here and here. The court is in the news again because it has come to light that...
- Child Care Proceedings ~ Hearing The Views Of The Child
P-S (Children)(Care Proceedings: Evidence) [2013] EWCA Civ 223 is an interesting case - Full judgment and ICLR Report. It concerned care proceedings in which a 15 year old child (M) wished to attend court to give evidence in support of his...
- Child Care Cases - A Difficult Question Of Law Heading To The Supreme Court
In March 2004, a baby girl (T-L) was found dead in her parent's bed. Some weeks before her death she had suffered 17 fractures to her ribs. There was also other bruising. The official cause of death was asphyxia by obstruction...
Law and Rights
A mother was given a caesarean section while unconscious
Christopher Booker in Sunday Telegraph (1st December 2013) - "Operate on this mother so that we can take her baby" - 'A mother was given a caesarean section while unconscious - then social services put her baby into care.' The mother had been "sectioned" under the Mental Health Act 1983 s.3.
Some more light is thrown on the case by a response from Essex County Council dated 2nd December 2013. According to this response it was the Health Trust's clinical decision to apply to the court for permissions to deliver her unborn baby by caesarean section because of concerns about risks to mother and child. (The application would have been to the Court of Protection).
A fuller article about the case is at Marilyn Stowe Blog where caution is urged in relation to comments -
'Unless and until the full judgment is released, (which I hope it is) we will find out exactly what did happen and until then I would urge no wild speculation, no unwise comment and only the greatest caution. It is not my experience that a High Court judge would make any order unless absolutely satisfied such action was in the best interests of both mother and child and there was no alternative. Furthermore that sectioning a patient is also never done unless there is the greatest need ....'
Of course, the matter raises acutely the need for judgments to be published in all cases by the Court of Protection so that the public can see the reasoning for particular decisions. Many judgments are available via Bailii - Court of Protection.
Mother is seeking the return to her of the child and the Judicial Office has stated that these latest court proceedings are being transferred to the High Court ...
.@CrimeLineLaw Proceedings not yet concluded; President of Family Division has ordered the matter be transferred to High Court. 1/2
? Judicial Office (@JudiciaryUK) December 2, 2013.@CrimeLineLaw President of Family Division has order any further applications in respect of the child are to be heard by him. 2/2.
? Judicial Office (@JudiciaryUK) December 2, 2013Other blogs:
Another look at this case is at Pink Tape blog - Never let the facts get in the way of a good story, eh? See also Tues 3rd : Judgment of His Honour Judge Newton in care proceedings (final care and placement orders) now released on bailii (P (A Child) [2013] EW Misc 20 (CC) (01 February 2013)).
Suesspicious Minds blog - Untimely ripped
Another day in the Court of Protection by John Bolch
Previous posts:
Court of Protection - an overview 25th April 2013 and links therein. Little is known by the general public about the Court of Protection. It was created, from 1st October 2007, by the Mental Capacity Act 2005 s45. It has the same powers, rights, privileges and authority as the High Court. A general description of the court's work is available via the Judiciary website. Court of Protection Rules provide that the court usually sits in private (Rule 90). The court may authorise publication of information about proceedings but, in doing so, is entitled to insist on the parties remaining anonymous. Many judgments have been published.
Update 4th December 2013:
Primary materials for Ceserean case: Cesarean decision and transcript - http://t.co/LUO0y4RzJR Adoption decision - http://t.co/w3HdP4ZtN8
— David (@JackofKent) December 4, 2013- Some Recent Decisions In The Family Court
Since the creation (on 22nd April - see post of 24th April) of the new Family Court for England and Wales, cases are being reported by Bailii under the headings of- England and Wales Family Court Decisions (other Judges)England and Wales Family Court...
- Family Law ~ Catch Up Notes
The Family Justice system is working toward the implementation of the new Family Court for England and Wales. On this see post of 12th May 2012 and the Crime and Courts Act 2013 Part 2 (along with Schedules 9 to 11). The President of the Family...
- Court Of Protection ~ An Overview
Update 4th May: Committal for Contempt of Court - Practice Direction of 3rd May The Court of Protection has been mentioned a few times on this blog - for example, here and here. The court is in the news again because it has come to light that...
- Child Care Proceedings ~ Hearing The Views Of The Child
P-S (Children)(Care Proceedings: Evidence) [2013] EWCA Civ 223 is an interesting case - Full judgment and ICLR Report. It concerned care proceedings in which a 15 year old child (M) wished to attend court to give evidence in support of his...
- Child Care Cases - A Difficult Question Of Law Heading To The Supreme Court
In March 2004, a baby girl (T-L) was found dead in her parent's bed. Some weeks before her death she had suffered 17 fractures to her ribs. There was also other bruising. The official cause of death was asphyxia by obstruction...