NHS Trusts: Legal Opinion

(asked on 25th June 2019) - View Source

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the case heard at the Court of Protection on 21 June 2019 and Court of Appeal on 24 June 2019 on forced abortion, what guidance is provided to NHS trusts on deciding whether to take legal action in the best interests of patients.


Answered by
Jackie Doyle-Price Portrait
Jackie Doyle-Price
This question was answered on 1st July 2019

National Health Service guidance on the Mental Capacity Act 2005, which is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment, is available on the NHS website at the following link:

https://www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/

The Mental Capacity Act is supported by an accompanying statutory Code of Practice, to which people making decisions under the Act must have regard. The Code provides guidance to anyone working with and or caring for adults who may lack capacity to make particular decisions. The Code of Practice is available on the GOV.UK website at the following link:

https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

Reticulating Splines