Pregnancy, Labour and Post-Partum

There have been a number of cases in the Court of Protection that consider the legal issues with pregnancy, labour and the post-partum period where women are experiencing poor mental health.

In this session, Scott Matthewson and Elizabeth Fox, both barristers from Serjeants’ Inn Chambers, considered:

• Legal issues including:
  • consideration of the role of the Court of Protection
  • consideration of the role of the Mental Health Act 1983
  • when might anticipatory declarations be appropriate in this context?
• A summary of recent obstetric cases
• How the guidance in An NHS Trust & Others v FG  [2014] EWCOP 30 applies today and the lessons we can learn from these cases
• Top tips for practitioners

Scott Matthewson specialises in all aspects of medical law. He has been recognised as a leading junior by the legal directories in all three of his core areas of practice – clinical negligence, inquests and personal injury – for many years. He is also well known for his expertise in Court of Protection (particularly serious medical treatment cases) and Judicial Review.

Elizabeth Fox has a background in human rights and medical law. She has a busy practice in the Court of Protection including cases involving serious medical treatment as well as complex personal welfare applications. 

In the case of Somerset NHS Foundation Trust v Amira 2023 EWCOP 25, Scott Matthewson represented Somerset NHS Foundation Trust and Elizabeth Fox represented the Official Solicitor in the case of Gloucestershire Hospitals NHS Foundation Trust v Joanna by her litigation friend, the Official Solicitor) 2023 EWCOP 21.