LONDON - A 29-year-old south London woman is asking the High Court for permission to apply for judicial review against hospitals that detained her under the 1983 Mental Health Act and then obtained a court order to deliver her baby by Caesarean section. Lawyers for Miss S, who cannot be named for legal reasons, are arguing that it was unlawful to detain and treat her in April 1996, and in particular contravened the 1975 Sex Discrimination Act.
Miss S contends it was wrong not to give her the opportunity to exercise her legal rights to oppose the actions of the medical authorities, as a result of which she suffered physical and mental anguish and humiliation.
A statement from a social worker was read in which she described how Miss S had remained adamant that she would not accept any treatment for pre-eclampsia, a condition involving high blood pressure. She said a local GP had expressed fears that the mental age of Miss S, then about 36 weeks pregnant, was affecting her ability to make rational choices.
When Miss S was told that she and the baby would probably die, she had said: "So be it". The baby was delivered and is now a healthy 10-month-old girl. The case was adjourned yesterday.