Termination, will and preferences – another difficult dilemma for the Court of Protection – Mental Capacity Law and Policy
‘The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the judge – John McKendrick KC (sitting as a Tier 3 judge) to comply with (in CRPD language) the will and preferences of a woman with a mental disorder undergoing a profound crisis. The questions he had to answer were whether the woman, H, had capacity to make the decision to consent to terminate her pregnancy,[2] and, if she lacked that capacity, whether a termination was in her best interests; and, if a termination were to be in her best interests, whether this should be carried out by a medical procedure (i.e. the administration of drugs) or a surgical procedure.’
Mental Capacity Law and Policy, 25th October 2023
