A recent case involving a woman’s delayed abortion brought criticism upon a health board for attributing the delays to annual leave. The vulnerable patient was left with only two days to have the procedure before reaching the legal time limit. The woman’s mother expressed her distress over the treatment her daughter received, describing it as “barbaric” as she watched her daughter continue her pregnancy into the second trimester. The Court of Protection determined that the Cardiff and Vale University Health Board’s unreasonable delay had a profoundly negative impact on the woman, who is in her thirties.
The woman, who has a history of substance abuse and has been detained under the Mental Health Act multiple times, was approximately eight weeks pregnant in June 2024. Despite her initial desire for an abortion, the patient’s inconsistent decision-making process contributed to the complications. The mother mentioned that her daughter’s understanding of the situation fluctuated, with moments of clarity and confusion. The patient specifically expressed her desire to “get rid of the baby and have a tablet,” implying a simplistic solution to the situation.
Due to the patient’s fluctuating decisions, the health board sought a treatment plan authorized by the Court of Protection to ensure the woman’s safety during the termination process. The proposed plan included a potential deprivation of liberty to safeguard the patient’s well-being. After weeks of delays, the health board finally issued the necessary proceedings on 16 August following the woman’s consistent wish to have a termination. The subsequent authorization from the court provided clarity on the next steps for the woman’s medical care.
Following the establishment of the treatment plan, the patient underwent a medical abortion, ultimately not requiring the planned deprivation of liberty. Despite the positive outcome, Judge Butler-Cole criticized the Health Board’s conduct, citing staff absences due to annual leave as the reason for the delay. The judge emphasized that the prolonged wait was detrimental to the patient’s well-being and urged for a more timely response from the health board to prevent further distress for the woman and her family. As a response to the case, the health board acknowledged the need for careful management of such complex cases involving mental health and gynecological issues
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