View/Open - Scholarly Commons Home

In re B (A
Minor)
Wardship:
Sterilisation)
[House Of
Lords]
[1988] AC 199
England
Re M (A
Minor)
(Wardship:
Sterilisation)
[1988] 2 FLR
497
England
T vT and
another
[1988] 1 ALL
ER 613
England
Council; B live
in a residential
institution.
Local
Authority
Beginning to show
signs of sexual
awareness, could not
be placed on effective
contraceptive regime.
17
Sexually aware, danger
of sexual intercourse
becoming pregnant. No
understanding of
pregnancy or childbirth
might harm mental
health.
17
Mother Looked after by mother
and local authority.
Became pregnant –
requested abortion and
sterilisation.
19
Sterilisation
allowed.
Sterilisation
allowed.
Sterilisation and
termination
allowed.
No viable contraceptive alternative.
Not capable of knowing causal
connection between intercourse and
childbirth. Panic and require heavy
sedation during a normal delivery
and in the case of caesarean would
be likely to open up the wounds.
Accepted evidence that sterilisation
is reversible.
50% chance of fragile x syndrome
being passed onto baby – would
need tests and possible termination
which would distress M.
Despite above denied eugenics
consideration in allowing
sterilisation.
Would not be able to ‘exercise the
actual mothering function’.
Termination as T would be unable
to be monitored in pregnancy or
look after the child when born.
Sterilisation to prevent further
pregnancies. Possible risk of
passing condition to fetus. Other
forms of contraception not suitable.
Case mainly concerned with
finding law to make declaration of
lawfulness and to allow the
procedures without incurring
charges of trespass or battery.
Eugenics; denied this aspect,
but appeared to have clear
eugenic component.
No discussion of pregnancy –
who, where, why, how etc.etc.
Re Eve; rejected finding in Eve that courts
should never authorise non-therapeutic
sterilisation.
Rejected Re D [1975] as precedent due to
‘extreme and quite different facts of the
present case’.
Judge 5 rejecting Re D [1975] as precedent
‘a case very different from the instant case,
where… the ward was of an intellectual
capacity to marry and would in the future
be able to make her own choice.’
Re B [1987] proceeded on the basis that
sterilisation was irreversible. Evidence
given in this case that 50-75% of cases are
reversible.
Re B [1987] noted B 17, T 19. Agreed with
sterilisation in both cases cited ‘I find it
difficult to understand how anybody
examining the facts humanely,
compassionately and objectively could
reach any other conclusion.’
Re Eve [1986] for court’s parens patriae
jurisdiction.
Looks to other cases for precedent to make
a declaration of lawfulness.
229