Obstetrics cases in the Court of Protection

It is notoriously difficult to judge when an application to the Court of Protection (COP) is required in the context of obstetric care and treatment, particularly when a patient has fluctuating capacity, clinicians are concerned the patient may lose capacity during labour, or a birthing plan involves a deprivation of liberty or restraint. Trusts are often stuck between a rock and a hard place: they are criticised for making applications too late but also for making applications too early and too cautiously. Local authorities also have a role to play, if there are safeguarding concerns about the mother or baby. 

In this webinar, Barristers from 39 Essex Chambers, Tor Butler-Cole KC and Stephanie David and Senior Associate at Hill Dickinson, Claire Christopholus, will set out the key principles, provide a case law update, and discuss how best Trusts, clinicians, local authorities and their advisors should approach these difficult cases.

The speakers will cover the following topics:

• Legal framework - when are court orders needed?
• Difficult cases
• Fluctuating capacity
• Themes and guidance from the case law and other experience
• Practical tips for practitioners and lawyers

There will be an opportunity to ask questions and the session will be recorded.