james_davis_nicoll (
james_davis_nicoll) wrote2013-12-02 12:04 pm
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Well, this seems a little extreme
In a case which has been described by those representing the mother as “unprecedented,” a court order was obtained, in August 2012, for the Italian mother-to-be, in England on a work placement at the time, to be enforced to give birth “by way of cesarean section.”
Re: As ever, it is not actually that simple
That would not be the case. If an adult is held to lack capacity to manage his or her affairs then the Official Solicitor will instruct lawyers to represent him/her, usually at public expense. Children in care cases have a court-appointed litigation guardian who actively represents the child's interests in legal proceedings, and the parents (or anyone else with parental responsibility for a child in such circumstances) gets free, non-means-tested legal aid to fund their lawyers.
Re: As ever, it is not actually that simple
* Mother detained under Section 3 of the Mental Health Act on 13 June 2012
* Mother took part in the care proceedings ending on 1 February 2013
The combination of the two very strongly suggest that she had not taken part in any earlier proceedings. While it's all very nice to have a lawyer speaking on your behalf, if you're not permitted to speak for yourself, then you're the object of the hearing, not a party to it.