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The High Court granted an application by a statutory health body to provide consent for the termination of pregnancy for a nearly sixteen-year-old girl living in international protection accommodation, who was found by medical professionals to lack the mental capacity to make this decision herself. Neither parent was able to provide the necessary consent due to personal, cultural, and religious reasons, though both indicated they did not object to the procedure taking place. The Court found that all relevant statutory thresholds were met, detailed the risks of serious harm to the minor's life if the pregnancy continued, and held that it was in the minor's best interests for consent to be given by the Court in the exercise of its minor wardship jurisdiction. The order permits the attending medical team to carry out the termination and associated care, with follow-up arrangements put in place.
minor wardship – termination of pregnancy – capacity to consent – best interests of the child – statutory health body application – international protection accommodation – serious harm to health or life – medical and psychiatric evidence – Health (Regulation of Termination of Pregnancy) Act 2018 – section 9 of the 2018 Act – Article 42A of the Constitution – Article 42A.2.1 – parental inability to consent – minor"s welfare – court-ordered consent – Guardian ad Litem – Child and Family Agency – procedural proportionality – in camera proceedings
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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