Terra Firma Chambers’ John McKendrick successfully represented two health authorities and a local authority in a landmark case before the Court of protection.  The Court granted the relief sought by the applicants, permitting the sterilisation of a learning disabled woman, referred to as DD.

The complex and novel proceedings began in May 2014 with Mr Justice Cobb’s judgement concluding that the evidence powerfully demonstrated that DD lacked capacity to make decisions in respect of future contraception.  After hearing detailed legal submissions, Mr Cobb authorised the applicants to use reasonable force to enter DD’s home; the use of restraint and sedation; and the deprivation of DD’s liberty occasioned by the need to take her from her home to hospital, to undergo the sterilisation procedure.

Mr Cobb was at pains to emphasise the sterilisation was wholly unrelated to any notion of eugenics, and whilst DD has given birth to six children, the relief sought was granted as the evidence demonstrated it was wholly in her best interests to undergo a sterilisation, given the grave risks to her health of falling pregnant again. Without intervention by the state, there was a real risk DD would die, should she fall pregnant again.

The relief granted is thought to be the most exceptional in the history of the Court of Protection. The court concluded the relief sought was “extraordinary” but necessary.  The full judgement can be found here: Mental Health Trust v DD and BC [2015] EWCOP 4.