Woman with learning difficulties not told she had contraceptive device covertly fitted


Posted On Sep 25 2019 by

Want the best of The Telegraph direct to your email and WhatsApp? Sign up to our free twice-daily  Front Page newsletter and new  audio briefings. “Given that it is plainly in her best interests for the (device) to remain fitted, however, I reach the clear conclusion that she should not be told about the presence of (it) at this stage.”Lord Justice Baker went on to state: “I accept the argument that to do so would cause very considerable harm to her relationships with professionals and her family on whom she is utterly dependent.”I acknowledge the risk of inadvertent disclosure but agree that it should be possible to manage this risk through a robust health action plan.”He added: “It has to be recognised, however, that in all probability this state of affairs cannot continue indefinitely. Covert treatment should only be countenanced in exceptional circumstances. When the time comes for the (device) to be renewed or replaced, every effort will have to be made to include (her) in the decision-making process about future contraception.”Another Court of Protection judge had approved the covert fitting of the device in 2012 after social workers raised concern about the woman being vulnerable and a target for sexual exploitation. A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.Lord Justice Baker said the woman’s human rights and personal autonomy had been breached when the device was fitted without her knowledge six years ago.But he has now concluded that the device should remain, since telling her about runs the risk of damaging her  relationships with people she depends on.Lord Justice Baker rejected the argument that telling the woman about the device now was in her best interests.–– ADVERTISEMENT ––The judge had analysed the woman’s case at a hearing in the specialist Court of Protection, in London, where issues relating to people who lack the mental capacity to make decisions are considered.Lord Justice Baker said he had reviewed the latest evidence and been asked to decide a number of issues – including whether telling the woman about the device would be in her best interests.The judge, who heard evidence from social services staff, medics and relatives, has not identified the woman.He said: “I recognise that the fact that (she) has been fitted with (the device) without her knowledge is a very significant interference with her personal autonomy and her human rights.

Last Updated on: September 25th, 2019 at 7:21 am, by


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