University Hospitals of Derby and Burton NHS Foundation Trust & Anor v HH

Facts

The applicants, University Hospitals of Derby and Burton NHS Foundation Trust and Derbyshire Healthcare NHS Foundation Trust, applied to the Court of Protection in respect of HH, a 30 year old woman then 37 weeks pregnant with her second child, with an estimated due date of 25 August 2026. HH has a diagnosis of paranoid schizophrenia and was experiencing an acute psychotic episode marked by paranoid delusions, hostility and agitation; she had been detained under section 3 of the Mental Health Act 1983 since 5 June 2026. Her history included homelessness, imprisonment, drug induced psychosis and a child placed in long term foster care. Her engagement with antenatal care had been erratic: she was assessed as having capacity at appointments in May and June 2026, but a formal capacity assessment by Dr B on 14 July 2026 concluded she could not understand, retain, use or weigh the relevant information because of her psychosis. The first Trust was responsible for her obstetric care, the second for her mental health care. The Trusts sought declarations that HH lacked capacity to conduct the proceedings and to make decisions about her obstetric care, and that it was in her best interests to be treated in accordance with an Obstetric Care Plan dated 20 July 2026, delivery being planned for 11 August 2026. The Official Solicitor acted as HH's litigation friend and, by the close of the evidence, supported the application.