Agoraphobic pregnant woman can be forced into hospital, UK judge rules

Pregnant agoraphobic woman, 21, who has an ‘overwhelming’ fear of leaving her home can be taken to hospital to give birth by force, court rules

• A woman, 21, who has barely left home in four years is expecting her first child
• The NHS trusts responsible for her care sought legal permission from court to use force to take her to hospital to give birth even if no emergency takes place 
• Judge ruled her agoraphobia meant she did not have the mental capacity to make decisions about the birth of her baby and said trained force could be used

A pregnant woman who has an ‘overwhelming’ fear of leaving her home can be forcibly taken to hospital by medics to give birth, a court has ruled.

The 21-year-old woman, who cannot be identified for legal reasons, has barely left her home in four years and had received a scan in her house, the court of protection heard.

Mr Justice Holman ruled that it was in the woman’s best interest to give birth to her child at a hospital after stating evidence showed there was a risk that something could go wrong if the woman gave birth at home.

Describing the use of force as an ‘unattractive’ scenario, he said: ‘I am satisfied that it will be in the best interests of this mother if, if the necessity arises on the day, some trained force and restraint is used to transfer her to hospital.’

A pregnant woman who has an ‘overwhelming’ fear of leaving her home due to agoraphobia can be forcibly taken to hospital by medics to give birth to her child, a court has ruled

The court heard that the mother’s family thought she should have the baby at hospital and that, were it not for her agoraphobia, the mother would also prefer to deliver in a hospital setting.

But because of her condition, which is characterised as an acute fear of leaving ‘safe’ spaces, she wants to give birth at home.

The judge ruled that the woman’s agoraphobia meant she did not have the mental capacity to make decisions about the birth of her baby.

Mr Justice Holman said everyone involved in the case agreed it would be best if the woman left home, on a specified day near her due date, so she could give birth in hospital in a ‘planned way’.

The issue before the court was whether the use of force should be permitted, in circumstances where no emergency had arisen, he said.

Lawyers representing the NHS trusts responsible for her care argued the use of force should be approved.

Mr Justice Holman ruled that the woman’s agoraphobia meant she did not have the mental capacity to make decisions about the birth of her baby during a hearing at the High Court

But lawyers representing the woman said she should be allowed to give birth at home unless an emergency arose.

Ruling that restraint would be permissible, Mr Justice Holman said that any restraint should be proportionate and should not include ‘mechanical restraint’, the use of a ‘prone restraint position’ or any techniques which would apply ‘pressure to the diaphragm or abdomen’.

Specialists said she could suffer psychiatric harm if force was used. But the judge said evidence showed there was a risk that something could go wrong if the woman gave birth at home, and he said, if something went wrong, there could be a ‘catastrophe’.

The court heard specialists had drawn up a four-page care plan to cater for the delivery of the baby. 

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