Question to the Ministry of Justice:

To ask Her Majesty's Government what assessment they have made of the Court of Appeal ruling overturning the decision of the Court of Protection to allow a mentally ill woman to be given an abortion against her wishes; what implications they consider that case to have for the rights of those with learning disabilities to become parents; and what steps, if any, they intend to take in the light of the Court of Appeal's ruling.

This is an extremely difficult and sensitive case, and the Government will consider the Court of Appeal judgment carefully.

The Court of Protection hears cases about some of the most vulnerable people in society, making decisions about personal welfare – including serious medical treatment - where the person lacks capacity to do so for themselves. In doing so it must follow the principles of the Mental Capacity Act 2005 (MCA). In particular the MCA stipulates that decisions must be in the person’s best interests, taking into account all the circumstances of the case, including the wishes, feelings, beliefs and values of the person, and must be the least restrictive of their rights and freedoms.

It is right that such serious and difficult decisions – particularly where there is disagreement about what is in the person’s best interests - are made by the independent judiciary.

The statutory MCA Code of Practice provides practical guidance on the operation of the MCA and is currently under review. We have sought input from a range of interested stakeholders through a call for evidence in January and propose to consult on a revised Code towards the end of this year.