Strand London, WC2A 2LL |
||
B e f o r e :
(sitting throughout in public)
____________________
(1) A NHS FOUNDATION TRUST (2) A NHS FOUNDATION TRUST |
Applicants |
|
- and - |
||
AN EXPECTANT MOTHER (Expectant mother suffering from agoraphobia) |
Respondent |
|
REPORTING RESTRICTIONS APPLY |
____________________
MS S. ROPER appeared on behalf of the Official Solicitor acting as litigation friend for the respondent.
____________________
Crown Copyright ©
See: POSTSCRIPT
MR JUSTICE HOLMAN
30. It is, of course, an unattractive scenario and, on the face of it, if resorted to, a severe infringement of the mother's personal autonomy and liberty. But, on the other side of the balance here, there is the known, if small, risk that, if a pre-planned birth cannot be achieved, some acute emergency may (I stress, may) arise in the home from which the mother cannot be rescued before some catastrophe occurs to either her or her baby. The risk may be low, but that which is at risk could not be potentially more grave. The mother is very, very clear that she does not want that to happen.
31. Having very anxiously weighed and considered all the factors in this case, I am, on balance, satisfied, albeit in disagreement with the Official Solicitor, that it will be in the overall best interests of this mother if - if the necessity for it arises on the day - some trained and professional force and restraint are used to transport her to hospital, and I will so declare. The declaration will incorporate the final "care plan for delivery" of the baby, which has been amended by me and counsel during the course of the hearing. An official transcript will be made as soon as possible of this judgment, and an anonymised version of the care plan and the order will be annexed to it.
POSTSCRIPT
The judge was later informed that on 22 May 2021 the mother went into spontaneous labour at home. She contacted the hospital and travelled there with the support of her partner and mother and the community midwife. While still at home, she received 2mg of Lorazepam orally. Although initially resistant, she was guided by staff and her family into the ambulance and no restraint was required or used. A few hours later she was safely delivered of a healthy baby boy with a good birth weight. She returned home with the baby within the next day or two.
Transcribed by Opus 2 International Limited Official Court Reporters and Audio Transcribers 5 New Street Square, London, EC4A 3BF Tel: 020 7831 5627 Fax: 020 7831 7737 civil@opus2.digital |
__________________________
ORDER
__________________________
BEFORE Mr Justice Holman sitting in public in the Royal Courts of Justice in London but with family members and witnesses participating and giving evidence by CVP
UPON reading the documents in the bundle, the Position Statements of the parties, and the notes of the discussions between the obstetric and psychiatric witnesses
AND UPON hearing oral evidence from: Dr X (treating obstetrician), Professor Walker (obstetrician), Dr Y (treating perinatal psychiatrist), Dr Glover (psychiatrist)
AND UPON hearing from the respondent and her mother
AND UPON hearing leading counsel for the applicants, Miss Katie Gollop, and counsel for the mother on the instruction of the Official Solicitor, Ms Sophia Roper
AND UPON the court having made a separate reporting restrictions order prohibiting the publication of any information that could lead to the identification of the respondent and her treating clinicians in connection with these proceedings
IT IS HEREBY DECLARED AND ORDERED PUSUANT TO SECTIONS 15 AND 16 OF THE MENTAL CAPACITY ACT 2005 THAT:
1. The respondent lacks capacity:
a) to conduct these proceedings;
b) to make decisions about the location of the delivery of her baby.
2. It is lawful and in the respondent's best interests for the medical, nursing and other healthcare practitioners with responsibility for her care and treatment to transfer her to X Hospital for a planned delivery in accordance with the Care Plan appended to this order.
3. In the event that the respondent becomes agitated or distressed and refuses to attend the hospital voluntarily, it is lawful, being in her best interests, for the medical and nursing practitioners with responsibility for her care and treatment to use such chemical and/or physical restraint as is consistent with the Care Plan in order to facilitate her transfer to hospital, the delivery of her baby and the provision of all ancillary care and treatment.
4. Insofar as the above measures amount to a deprivation of the respondent's liberty, they are authorised as being in her best interests.
5. Any restraint used pursuant to the Care Plan and paragraph 3 of this order shall be the minimum necessary in order to safeguard the respondent, the baby and those involved in her transfer and treatment and shall be provided in such a way as to ensure that, as far as practicable, the respondent retains the greatest dignity and suffers the least distress and discomfort.
6. In the event that the respondent's pregnancy continues past 3 June 2021 (her estimated due date) the applicants shall file and serve evidence containing an update and a summary of the risks of pregnancy continuing beyond 9 June 2021 (estimated 42 weeks' gestation) together with a draft order and Care Plan by 12 noon on 7 June.
7. The applicants must place a copy of this order, the Care Plan appended to it and the judgment in the respondent's medical records.
8. The applicants shall provide a copy of this order and the Care Plan appended to it and a copy of the judgment to X County Council within three working days of receipt of the sealed order.
9. The applicants must very urgently obtain an approved court transcript of the judgment.
10. No order for costs, save that the applicants shall pay one half of the costs of the Official Solicitor of these proceedings, to be subject to detailed assessment if not agreed.
Dated 13 May 2021
There has been a court hearing about the delivery of Baby X. On 13 May 2021 the judge gave a judgment and made an order.
Please look at the court order and the judgment.
M is the mother to be of Baby X.
M lives in the community. She has a diagnosis of agoraphobia.
The court has determined that as a result of her agoraphobia and linked anxiety, M lacks capacity to make decisions about whether to have her baby at home or at hospital.
A plan of care is required to ensure that M's baby is delivered in a manner that is safe for M, the baby and members of staff.
The following plan has been authorised by the court as being in M's best interests.
The plan takes account of the principles of least restriction and patient choice as far as possible, but ultimately decisions have been taken to ensure clinical safety. Liaison between services including the local authority and safeguarding teams is vital, as is regular communication with the family.
M booked late and has been unable (because of agoraphobia) to attend hospital for scans. As a result, her due date is uncertain and there is a margin of error of +/- 7 days. The working due date is 3 June 2021 when it is estimated that M will be 40 weeks. However, because of the uncertainty about the due date, she could be 39 weeks or she could be 41 weeks.
The treating team would like her to attend hospital on Tuesday 1 June 2021 for delivery when M will be 39 weeks + 5 days.
A pregnancy becomes high risk at 42 weeks because of the risk of injury from placental failure (the risks are brain damage from lack of enough oxygen to the brain and stillbirth).
After 42 weeks, for the very small number of women who chose not to have birth induced, the hospital would do a scan in hospital and twice weekly monitoring of the baby with CTG in hospital. It would be technically very difficult to do a CTG at home because of the size of the machine. If an abnormality is detected then immediate delivery by caesarean section is required.
The earliest that M might be at 42 weeks would be Thursday 10 June.
Planned Transfer to Hospital
1. M's Community Midwife (CM) and Community Psychiatric Nurse (CPN) will attend M's home at [time] on [date]. M and her partner will be in the property and M's mother may be there. If her mother is not at the property, she will meet M at the hospital to support her daughter through the birth.
2. CM will ensure that staff will ensure M's maternity notes are transported with her and that an accurate record of any medication administered is kept in order to handover to the hospital team.
3. Upon arrival at the hospital, CPN and CM will remain with M until care is handed over to the hospital team, including a midwife who is known to M and a Registered Mental Health Nurse (RMN) who will be present on the labour ward. In the event that Secure24 is utilised to facilitate the transfer, staff from Secure24 will support M onto the ward if required.
4. Support to assist M to attend hospital will be provided in a graded approach. The clinical team have evidence that M can become more anxious if attempted interventions are protracted and as such it is envisaged that the team will move fairly swiftly through the steps outlined below:
a) CM and CPN will provide verbal support to encourage M to attend hospital and will provide transport for M and her partner via a hospital pool car. Verbal support and encouragement will be attempted for up to 30 minutes;
b) If M fails to respond to verbal support, she will be offered Lorazepam 2mg. If this is successful in managing M's anxiety then the transfer will proceed in line with point a) above;
c) The CM and CPN may use such force or restraint as they have been trained to use and the partner and mother may (should they chose) use moderate, physical force or restraint to achieve the transfer;
d) If M declines medication, CM will contact Secure24 and proceed to point 5 below.
5. Two members of staff trained in Prevention and Management of Violence and Aggression (PMVA) techniques appropriate to M's clinical presentation will be supplied by Secure24. If M is not able to accept transfer, as a final and last resort and for the minimum term possible, such techniques will be utilised to transport M safely to hospital in secure transport. On the date of planned delivery, Secure24 will attend the property at a pre-arranged time but will stay in the background unless it is communicated to them by CM or CPN that assistance is required.
a) In these circumstances M can be given Lorazepam 2mg intramuscularly (only if no oral Lorazepam has been given);
b) Pulse, blood pressure, respiratory rate and oxygen saturation levels will be monitored at a minimum of every 15 minutes until transfer to hospital is complete and M is admitted to the maternity ward;
c) Physical restraint will be used with the minimum force necessary (the reasonableness of such force being assessed by reference to M's pregnancy and obstetric condition), commencing with arm holds and following appropriate escalation as required.
BUT the force/restraint used must not include:
a. Mechanical restraint (other than vehicle safety belt);
b. Use of a prone restraint position;
c. Any techniques that would apply pressure to the diaphragm or abdomen
d. Handling M's legs.
Planned Delivery
1. M has been inconsistent when expressing her wishes and feelings on mode of delivery in hospital. Three options are currently available to the clinical team:
a. induced vaginal delivery;
b. caesarean section with spinal block;
c. caesarean section under general anaesthetic.
These will be discussed with M on her arrival at hospital and her wishes and feelings will be followed in so far as is practicable. Although labelled options a, b and c these labels have been applied for clarity only: they are not intended to suggest a graded approach or order of preference.
2. The maternity unit has single en suite rooms. M will be allocated a member of midwifery staff to whom she will have been introduced in the community prior to the planned delivery date. A Registered Mental Health Nurse will be present outside of M's room and will be available to support M and midwifery staff in anxiety management.
3. M will be greeted by the midwifery team and a joint assessment will be carried out with the Obstetrics registrar/consultant to determine M's presentation, level of compliance and her wishes and feelings regarding mode of delivery. If not already present, the outcome of the assessment will be fed back to the obstetrics consultant who will make the decision as to the clinically available options for delivery. It is envisaged that M will be able to choose between those available options. The clinical team will only depart from M's views in the event that it is clinically necessary to do so in order to prevent harm to M or her unborn baby.
Option A: Induced Vaginal Delivery
The ability to carry out this plan is dependent on M's views, presentation and compliance on arrival at the hospital.
1. Vaginal delivery will require the following interventions:
a. Administration of vaginal prostaglandins to induce labour (up to three doses 6 hourly until able to rupture membranes)
b. Artificial rupture of membranes to induce labour
c. Routine observations including blood pressure, pulse, temperature and urine analysis
d. Abdominal palpations and continuous fetal heart monitoring via CTG plus or minus intermittent auscultation of fetal heart and palpation of contractions
e. Vaginal examination as required (minimum of 4 hourly) once in established labour
f. Pain relief as required in the form of entonox, pethidine, diamorphine, epidural
g. Episiotomy and associated perineal repair may be required
h. IM injection of syntometrine or oxytocin
2. Complications associated with delivery may require the following interventions:
a. Oxytocin infusion to augment labour
b. Fetal blood sampling
c. Manoeuvres by the clinical team to deliver the baby should shoulder dystocia occur
d. Necessity for instrumental delivery including use of forceps/ventouse
e. IV access for fluid/bloods
f. Need for emergency caesarean section
g. Management of abnormal MEWS (Maternity Early Warning Score) and/or PPH
Options B & C Caesarean Section (Spinal Block or General Anaesthetic)
In the event that M expresses a wish for caesarean section a plan for caesarean section will be implemented, unless the clinicians consider that a caesarean carries an unjustifiable risk.
1. A joint decision between the obstetrics team and the anaesthetist will be taken as to whether a spinal anaesthetic or a general anaesthetic is required. This will depend on M's wishes and feelings and the level of M's distress and risk at that time. In the event that M is given a spinal anaesthetic in the first instance but her cooperation deteriorates, a general anaesthetic will be given.
2. M may require restraint for the anaesthetist to be able to deliver the appropriate intervention.
3. Once M is under general anaesthetic, the planned staffing team do not need to remain with her but will remain within the maternity unit in order to provide support and assistance on M's transfer from theatre back to her room.
4. M will be taken to the recovery suite following surgery and then back to her single room.
Emergency Plan
In the event that:
1. M experiences contractions or what feels like the onset of labour when she is not in the hospital, and hospital admission is clinically required for the safety or wellbeing of M or the baby; or
2. Hospital admission is otherwise clinically required for the safety or wellbeing of M or the baby (otherwise than in circumstances where the concern arises solely from the fact that M has gone past her EDD without going into labour);
the team will follow the steps set out in the transfer section of this care plan. If delivery is indicated, the steps outlined in the delivery section of this plan will be followed.
In the event that hospital admission is required out of hours:
1. Triage midwife at hospital to inform birthing centre co-ordinator/consultant obstetrician if M doesn't attend hospital as clinically advised
2. Continue plan with unknown staff to avoid delays in hospital attendance/seeking medical attention
3. Call 999 to seek assistance for ambulance transfer if required
Post-delivery Care
1. Once the baby is delivered, clinical staff will follow the child protection plan from Children's Services
2. M will remain at hospital until she is medically fit for discharge. In the post natal period, further assessment of M's mental state will be carried out to determine whether the ongoing support of mental health staff on the ward is required.
3. The current plan is for M to return to home following discharge subject to further examination of her mental state. If M becomes distressed or anxious about returning home, the MDT will consider implementing a transfer plan in accordance with the steps outlined above.
Family contact
1. M has indicated that she would like to be supported by her partner and her mother to be present during the delivery.
2. COVID guidance has been relaxed to ensure M can be supported by two asymptomatic birth partners (one of whom can remain throughout her admission following birth).
3. It is important at the time of transfer that we balance the need for M to feel supported by family against the need for a calm and appropriate environment in which the transfer plan can be implemented.
4. If, at any stage in the labour, clinicians form an impression that the presence of any family member may be increasing the agitation, staff may advise the family to step away for periods to allow de-escalation.
5. Hospital staff will exclude any person who is thought to be posing a risk to staff, patients or visitors on the wards in accordance with Trust policies.