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Termination of pregnancy in woman with severe learning disabilities – Eloise Power appears in the High Court for NHS Trust

17th October 2019

On Friday 11th October Eloise Power appeared before Williams J in the case of An NHS Trust v CG and others. CG, a woman in her 20s with very severe learning disabilities, had become pregnant in unknown circumstances. A Police and safeguarding inquiry is ongoing. Following a detailed exploration of the evidence, Williams J ordered that it was lawful and in CG’s best interests for the NHS Trust to perform a surgical termination of pregnancy.  Williams J also ordered that the NHS Trust should retain the products of conception and hand them over to the Police or other safeguarding authorities to enable DNA analysis to take place. Interestingly, the Court explored the question of whether there were any inherent or social benefits in continuing a pregnancy and giving birth, but concluded that no such benefits existed in circumstances where a mother had no prospects of looking after her baby.

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