ABSTRACT
At the late stage of 36 weeks’ gestation, 1 week before proposed delivery, a hospital Trust's application for a covert caesarean section was heard in the Court of Protection. Notwithstanding the urgency, the court heard that JP, the putative mother, was 25 years old, with a mild to moderate learning difficulty which affected her cognitive ability. She was unable to make a decision as to mode of delivery because she did not understand the relevant information and was unable to use or weigh that information as part of the process of making the decision. The risks and benefits of vaginal and caesarean delivery were identified and balanced. The clinicians involved asserted that vaginal delivery would be profoundly distressing and extremely risky for JP. The court was told that if vaginal delivery was commenced there was a realistic chance that JP would attempt to flee; ultimately, restraint, sedation and emergency anaesthesia and caesarean section would result.
