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Friday, 13 December, 2024
HomeMedico-LegalAgoraphobic mother may be forcibly hospitalised to give birth

Agoraphobic mother may be forcibly hospitalised to give birth

An agoraphobic pregnant woman can be forcibly removed from her home in order to give birth in hospital, a UK judge has ruled, reports The Independent.

The woman had not left home in nearly four years due to her fear but the judge said it would be in her best interests to allow trained staff to take her to hospital to deliver the child. He said the woman should be restrained, with proportionate force, only if necessary, and methods should not include ‘mechanical restraint’, the use of a ‘prone restraint position’ or any techniques which apply ‘pressure to the diaphragm or abdomen’.

Justice Holman said everyone involved in the case agreed it would be best if the woman left home so she could give birth in hospital in a ‘planned way’. The issue was whether the use of force should be permitted in circumstances where no emergency had arisen, he said.

Bosses at NHS trusts responsible for her care asked the judge to make the decision. Lawyers representing the trusts said the use of force should be approved. But lawyers representing the woman had disagreed, and said she should be allowed to give birth at home unless an emergency arose.

The woman (21), who appeared in court via video link, said she wanted a home birth because of her agoraphobia. The judge said the woman's partner and mother thought she should give birth in hospital. The judge made the ruling last week after overseeing a hearing in the Court of Protection.

 

Full The Independent report (Open access)

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