Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition

 

A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.

The woman, who is in her thirties and for legal reasons can only be named as 'Ms I,' is being held in a secure mental health facility. She has been suffering from a significantly prolapsed uterus for the last six months.

Doctors believe that as well as causing her pain, it has further impacted on her mental state. Justice Peter Jackson, who heard the Court of Protection case in London's Royal Courts of Justice, said he understood that Ms I was happy to have the operation but that since she is “obviously quite seriously psychiatrically unwell” she cannot give consent.

The barrister for the NHS trust, Parishil Patel said that “because of her mental state in relation to the risk posed to others,” the trust propose that she is “escorted by four female escorts and she will be restrained at all times during transfer and when she's at the surgery, other than when she's unconscious during the operation.”

Speaking of Ms I's feelings about the procedure, Mr Patel said: “She wishes to have the operation because she is distressed by the uterus prolapse that's happening between her legs”. Despite Ms I's willingness to undergo the procedure, lawyers argued she should be given a general anaesthetic to protect her and those treating her from being harmed if she became distressed on the operating table.

Other conservative methods of treatment, such as using a vaginal pessary to block a prolapse, have failed and doctors at the hospital believe a hysterectomy is the only option. The Official Solicitor, acting on behalf of the patient, asked on Monday for more time to discover whether any less invasive procedures would solve the problem.

An operation has been booked for Thursday and the judge will decide on Wednesday whether it can go ahead.

In a move which will be welcomed by campaigners for transparency in the court, Justice Jackson criticised lawyers for making it difficult for journalists to report the case properly. The Court of Protection, which makes health and welfare decisions on behalf of those deemed to lack capacity, has faced fierce criticism for being too secretive.

Justice Jackson said lawyers should have sent out an order to the press ahead of the case detailing what reporting restrictions were being applied for to limit reporting. The hearing was in open court, due to the serious medical treatment proposed, but “The media should have been notified in the normal way in good time,” he said.

Start your day with The Independent, sign up for daily news emails
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksA special investigation by Andy McSmith
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Tradewind Recruitment: English Teacher

Negotiable: Tradewind Recruitment: My client is an excellent, large partially ...

Tradewind Recruitment: Science Teacher

£90 - £140 per day: Tradewind Recruitment: I am currently working in partnersh...

Tradewind Recruitment: Year 3 Primary Teacher

£100 - £150 per day: Tradewind Recruitment: Year 3 Teacher Birmingham Jan 2015...

Ashdown Group: Lead Web Developer (ASP.NET, C#) - City of London

£45000 - £50000 per annum + Excellent benefits: Ashdown Group: Lead Web Develo...

Day In a Page

Isis hostage crisis: The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power

Isis hostage crisis

The prisoner swap has only one purpose for the militants - recognition its Islamic State exists and that foreign nations acknowledge its power, says Robert Fisk
Missing salvage expert who found $50m of sunken treasure before disappearing, tracked down at last

The runaway buccaneers and the ship full of gold

Salvage expert Tommy Thompson found sunken treasure worth millions. Then he vanished... until now
Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Homeless Veterans appeal: ‘If you’re hard on the world you are hard on yourself’

Maverick artist Grayson Perry backs our campaign
Assisted Dying Bill: I want to be able to decide about my own death - I want to have control of my life

Assisted Dying Bill: 'I want control of my life'

This week the Assisted Dying Bill is debated in the Lords. Virginia Ironside, who has already made plans for her own self-deliverance, argues that it's time we allowed people a humane, compassionate death
Move over, kale - cabbage is the new rising star

Cabbage is king again

Sophie Morris banishes thoughts of soggy school dinners and turns over a new leaf
11 best winter skin treats

Give your moisturiser a helping hand: 11 best winter skin treats

Get an extra boost of nourishment from one of these hard-working products
Paul Scholes column: The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him

Paul Scholes column

The more Jose Mourinho attempts to influence match officials, the more they are likely to ignore him
Frank Warren column: No cigar, but pots of money: here come the Cubans

Frank Warren's Ringside

No cigar, but pots of money: here come the Cubans
Isis hostage crisis: Militant group stands strong as its numerous enemies fail to find a common plan to defeat it

Isis stands strong as its numerous enemies fail to find a common plan to defeat it

The jihadis are being squeezed militarily and economically, but there is no sign of an implosion, says Patrick Cockburn
Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action

Virtual reality: Seeing is believing

Virtual reality thrusts viewers into the frontline of global events - and puts film-goers at the heart of the action
Homeless Veterans appeal: MP says Coalition ‘not doing enough’

Homeless Veterans appeal

MP says Coalition ‘not doing enough’ to help
Larry David, Steve Coogan and other comedians share stories of depression in new documentary

Comedians share stories of depression

The director of the new documentary, Kevin Pollak, tells Jessica Barrett how he got them to talk
Has The Archers lost the plot with it's spicy storylines?

Has The Archers lost the plot?

A growing number of listeners are voicing their discontent over the rural soap's spicy storylines; so loudly that even the BBC's director-general seems worried, says Simon Kelner
English Heritage adds 14 post-war office buildings to its protected lists

14 office buildings added to protected lists

Christopher Beanland explores the underrated appeal of these palaces of pen-pushing
Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Human skull discovery in Israel proves humans lived side-by-side with Neanderthals

Scientists unearthed the cranial fragments from Manot Cave in West Galilee