Appeal against a decision involving the deprivation of liberty of a 16 year old boy. The appeal was allowed on one ground.
The Salford Royal NHS Foundation Trust was seeking a declaration that it was in the Patient’s (who is in a Minimally Conscious State (MCS)) best interests to receive clinical treatment including clinically assisted artificial nutrition and hydration (CANH). The application was refused.
The issue in this case was whether it was in the best interests of the vulnerable and sexually unaware Patient to administer contraception. The court held that it was.
Application made by the Patient's mother for a declaration and order that it is in the Patient's best interests to receive stem cell treatment for his brain injury at a clinic in Belgrade in Serbia. Provisional consent was given although several further steps needed to be taken before the court gave its final approval.
The Patient was a Lance Corporal who was knocked unconscious in June 2013, while serving abroad, after being assaulted in a bar by another member of the regiment. He lacks capacity as a result of a traumatic brain injury. His mother was applying for a declaration and order that it is in his best interests to receive stem cell treatment for his brain injury at a clinic in Belgrade in Serbia. The application was opposed by the Official Solicitor, who has been appointed to act as the Patient's litigation friend in the proceedings, and by the MOD who are responsible for his care and treatment.
The court approved the application with the proviso that further steps needed to be taken first, saying that it was almost certain that the Patient will be much more than miserable if he is denied the opportunity to have stem cell treatment. His reaction would not be confined to mere "disappointment" - it was highly likely that he would demonstrate an adverse reaction in his behaviour which may significantly impede and delay his rehabilitation.
Read the full text of the judgment on Bailii
The court approved the proposed settlement by the LA to the Patient following his successful claim for damages against them.
An application by a medical Trust seeking a declaration that it would be in a patient's best interests not to undergo treatment but rather to be provided with palliative care only.
The patient, R, suffers from chronic paranoid schizophrenia and been diagnosed with an incurable brain tumour. It was uncontested that he lacks capacity to conduct the proceedings or to make medical decisions about the medical treatment for his brain tumour by reason of the disturbance in the function of his mind or brain.
In this judgment, Baker J sets out the relevant principles from the MCA 2005 and the Code of Practice and, following the decision in Aintree, agrees to make the declaration as requested.
Read the full judgment on Bailii.
An application for committal for the failure of Ms K to comply with paragraph 7 of the order of Baker J 20th June 2016.
Contempt proceedings were issued by the applicant
W suffers from anorexia and has had an eating disorder for 20 years. Expert evidence was that in this case it was a severe and unremitting anorexia for which W never enjoyed a period of remission.
The issue was whether it was in W’s best interests to continue to be detained in hospital (she is currently on this admission having been detained now for some 2 ½ years) or whether she should be discharged home with an intensive package of support for her and her family.
Where the person lacks capacity: best interests v preservation of life.
This case concerns a P, where the court was asked to make declarations that the P lacks capacity to make decisions as to:
This case concerns an application by the Public Guardian (‘PG’) to revoke a Lasting Power of Attorney (‘LPA’) for property and affairs.
Case summaries, prepared by our site editors, of every Court of Protection & other relevant decisions with links to the full judgment where available.
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