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RE W (Mental
Patient)
(Sterilisation)
[1993] 1 FLR
381, [1993]
Fam Law 208,
[1993] 2 FCR
187
England
In Re F
(Mental
patient:
sterilisation)
[1990] 2 AC 1
Appeal Court
and House of
Lords ruling
both analysed.
England
Mother Limited understanding
about contraception,
sterilisation or
connection between
sexual intercourse,
pregnancy and
childbirth. Significant
risk epilepsy
worsening.
20
Mother Voluntary in-patient.
Sexual relationship
with fellow resident.
Unable to cope with
pregnancy, but staff did
not want to curtail her
freedom.
36
Sterilisation
allowed in W’s
best interests
despite identified
low risk of
pregnancy.
Sterilisation found
to be in F’s best
interests.
Low risk of pregnancy.
Risk of epilepsy worsening during
pregnancy.
Alternative forms of contraception
unsuitable.
Would not be able to cope with
pregnancy or childbirth.
Risk of pregnancy.
Having a relationship with fellow
resident.
Freedom.
Used Bolam test to establish
best interests.
House of Lords; Set new
precedent allowing use of best
interests test for adults who
lack capacity to consent or
decline medical treatment.
Lord Griffiths declared nontherapeutic
sterilisation
unlawful without the
authorisation of the High
Court.
Re F [1990] ‘the test is what is in the best
interests of the patient’.
Re F [1990] Used Bolam test to establish
best interests.
Re B [1988] ‘In Re F is in Re B 4 weeks
later’ (i.e. B was 4/52 off her 18 th B’day)
Re B [1988] ‘The law does recognise a
special category on its attitude towards the
sterilisation of children.’
In Re D [1976] ‘that the minors own
interests may not in all circumstances be
best served if the matter is left to the
parents and doctors is will illustrated in Re
D’.
(Judge B) In Re B [1988] “I do not myself
see how …. could have come to any other
possible conclusion applying as they did as
their first and paramount consideration the
correct criterion of the welfare of the
ward.” ‘ There is a striking similarity
between the facts in Re B and the facts in
the present case.
(Judge C) Re B “the right to reproduce is of
value only if accompanied by the ability to
make a choice.
(Judge C) Collins v Wilcock [1984] ‘The
fundamental principle, plain and
incontestable, is that every person’s body is
inviolate’.
228