The Test for Capacity: Contraception – A free choice or a case of coercion?

Thu, 21 Oct 2010

By Nageena Khalique
The test for a woman's capacity to make a decision as to whether to use contraception or not came under the intense spotlight of both the High Court and the media recently in the case of A Local Authority v Mrs A, by her Litigation Friend, the Official Solicitor, and Mr A [2010] EWHC 1549 (Fam)
 
The case was heard in the High Court before Mr Justice Bodey. 
 
The court was faced with an application brought by a local authority raising the question of whether a young married woman with significant learning disabilities lacked capacity to decide whether to use contraception, and whether it would be in her best interests to be required to receive it. 
 

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