British court to rule on abortion application

The British High Court will continue to hear evidence today in a case where it is being asked to decide whether a married 37-year-old woman with a mental disorder is capable of making a decision about terminating her pregnancy.

Mr Justice Holman was told at a Court of Protection hearing in London yesterday that the woman, who is 23 weeks pregnant, was detained in a specialist unit under the terms of mental health legislation.

The judge heard evidence from a consultant psychiatrist involved in the woman’s treatment, from a lawyer representing her husband and from her mother. He is expected to make a decision in the next few days.

The woman was not at the hearing but the judge was told that she might attend today.

Mr Justice Holman ruled that neither the woman nor the health authority responsible for her care should be identified. He also said the unit where she was being treated should not be identified.

Lawyers representing the health authority told the judge that the woman had a “chronic and severe mental disorder”.

“She is pregnant and she has requested a termination of her pregnancy,” they said in a written statement. “She is believed to lack the capacity to make a decision regarding the termination of her pregnancy due to her mental disorder.”

They said the health authority was asking the judge to decide whether a termination of her pregnancy is in her best interests.

Mr Justice Holman was told that the woman suffers bipolar disorder — a condition formerly known as manic depression — and had said she would probably kill herself if she was forced to give birth and “locked up”.

The psychiatrist said he was “100 per cent certain” that the woman lacked the capacity to make a decision about termination.

A lawyer representing her husband, who was at yesterday’s hearing, said he agreed with the psychiatrist’s evaluation, and the woman’s mother told the judge: “I know my daughter when she is well and she is definitely not well.”

The Court of Protection is part of the High Court and analyses issues involving sick and vulnerable people.