The Patient, aged 46, had suffered from extremely severe and chronic anorexia nervosa since the age of 15. The court had to decide on the extent of her treatment in the knowledge that if she was not detained and force-fed then she was in danger of dying. The decision was made to discharge the Patient from detention under the Mental Health Act to her parents home.
Read the full text of the judgment on Bailii The Patient was in a minimally conscious state following a road accident in 2015. He was being kept alive by clinically assisted nutrition and hydration (CANH). He had not made an advance decision nor was there a power of attorney in place. His family wanted him to move to a hospice where he would receive palliative care, his CANH treatment would not be continued and as a result he would die. Mr Justice Charles ruled that it was not in the Patient's best interests for the court to give consent to his life sustaining treatment by CANH and that therefore it would be lawful for the clinical practitioners to withold or withdraw it.
Read the full text of the judgment on Bailii Also read the related judgment where Mr Justice Charles ruled that applications relating to CANH can be brought under s21 MCA and thus the Patient's wife was eligible for non means tested funding through legal aid. The P was an elderly man suffereing from prolonged disordered consciousness. The judge made declarations sought by the parties in which it was proposed that the P underwent a tracheostomy under general anaesthetic and transferred to a suitable unit for further treatment and/or assessment.
Read the full text of the judgment on Bailii The wife's proceedings were properly brought under s. 21A MCA and it followed that she was eligible for non means tested legal aid funding for representation on the issue of whether it was in the best interests of her husband to be given clinically assisted nutrition and hydration.
Read the full text of the judgment on Bailii Out of hours application by the NHS Trust for permission to undertake an urgent operation on the person lacking decision-making capacity. Permission was granted.
Read the full text of the judgment on Bailii |
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