A judge has criticised a council for trying to force a married woman with a low IQ to use birth control, saying the move had 'shades of social engineering'.
Social workers applied to the court for permission to forcibly remove the 29-year-old from her home, sedate her and prevent her from having children using a contraceptive injection.
But Mr Justice Bodey said she and her husband - who also has a low IQ - might be able to bring up a child with the right support.
And he warned contraception imposed by the courts would 'raise profound questions about state intervention in private and family life'.
The ruling came in a case before the Court of Protection, which decides on individuals who suffer from mental incapacity such as severe learning difficulties or Alzheimer's.
The woman, who cannot be identified, was diagnosed as having brain function in the 'extremely low range of intellectual functioning', but she also had 'very good verbal communication skills'.
Her identity is protected by the court and she was identified only as 'Mrs A' from a small town in the Midlands.
Court papers revealed she has already had two children, a girl and a boy, but both were adopted because it was feared she could not look after them.
However, since their births she has married and settled down. She also volunteers locally and attends college.
Her council applied for the order claiming her husband, who has an IQ of 65, was beating her up and forcing her to stop taking the Pill because he wanted a baby.
One doctor examining the woman claimed she 'lacked the intellectual ability to look after a child of any age independently'.
Her social worker admitted it would be a 'horrendous prospect' for her to have contraception while restrained.
The judge refused even to order she be asked to use contraception voluntarily, and raised the prospect she and her husband could bring up a child.
The judge said: 'It might be concluded that they could with much support bring up a child, or perhaps that a child might be able to be kept within the extended family.'
The Court of Protection: Rules on cases where the individuals invovled suffer from mental incapacity
'Striking a balance of advantage and disadvantage, I do not see that any order at all is justified at this point about contraception.'
'It is obvious from the facts of this case that any step towards long-term court imposed contraception by way of physical coercion, with its affinity to enforced sterilisation and shades of social engineering, would raise profound questions about state intervention in private and family life.
'While the issue of the use of force has not been argued out at this hearing I cannot, on these facts, presently see how it could be acceptable.'
The court rules on around 23,000 cases every year, involving those with learning difficulties or mental incapacity caused by accidents, illness, or old age who are deemed unable to take decisions for themselves.
Concerns were raised after it emerged the court ruled on assets worth £3.2billion and had prompted more than 3,000 complaints in just 18 months.
Until recently proceedings were conducted entirely in secret but a change in the law means judgments are now published but without details that would reveal the identities of those involved.
In May the court ruled a cancer patient with a terror of hospitals should be forced to undergo lifesaving surgery.
Read more: http://www.dailymail.co.uk/news/article … z0x89eTH3w
Well as a guy who was diagnosed with an IQ level of 62..
All I can say is "Arggggghhhhhh!"
How many cases like this proceeded before we new about this
by Yes Dear6 years ago
In case you haven't heard, the "battle for the budget" is not about money. That has been agreed upon.The battle is about 40 to 50 riders which the Tea-Party Republicans have attached to the CR.The government...
by theirishobserver.6 years ago
In 2010 almost 8,000 Irish Females travelled to England to have their unborn babies terminated. Some of these females were as young as 11 years old; the majority of terminations were convenience terminations, Doctors...
by Diana Grant3 years ago
In the UK, lawyers for various local councils are representing some 80 children who have been mentally or physically damaged because of their mothers' consumption of alcohol during pregnancy after being warned about the...
by moneyfairy2 years ago
Do you think a woman with more than 8 children has a mental problem?Isn't it just a little insane to have so many children? Unless you are a gazillionaire how on earth could you afford so many children? And how much...
by samsoft4 years ago
"Wives, submit to your husbands as to the Lord." Ephesians 5:22 - that's what the bible says but it seems nowadays the world is changing and the whole world is changing. Ladies are becoming westernised and are...
by Matthew Dawson6 years ago
I just read a hub that touched my heart in a massive heart wrenching way the article was talking about abortion and certainly was supportive to Pro-Life. After reading the hub I sat back and thought what my life would...
Copyright © 2017 HubPages Inc. and respective owners.
Other product and company names shown may be trademarks of their respective owners.
HubPages® is a registered Service Mark of HubPages, Inc.