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Re AA and Aintree University Hospital v James

Lynsey Colman looks at two Court of Protection cases including one that hit the headlines for all the wrong reasons

27 February 2014

After controversial headlines such as 'Operate on this mother so that we can take her baby' (The Telegraph, 30 November 2013), Mostyn J felt obliged to release the full transcript and report for this 2012 Court of Protection case to clarify the facts.

Last November, it was reported that social services obtained an order from the court for a caesarean section to be carried out on Alessandra Pacchieri (who was not named at the time). The Telegraph ran a story saying that she was kept on a ward for five weeks, forcibly sedated then told her baby had been delivered and taken into care.

In fact, the application to the Court of Protection was an urgent one made on the 23 August 2012 by the NHS trust and not social services. It was supported by a consultant obstetrician and Pacchieri's psychiatrist on the basis that it was in her best interests to have a caesarean section at 39 weeks because of th...

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