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Landmark decision overturning Cheshire West and the court's approach to deprivation of liberty and consent
Another judgment concerning severe delays by the Trust in applying to withdraw CANH from a patient in a Prolonged Disorder of Consciousness
Application for declaration that an NHS Trust could move FB to palliative care even where there was an option for stem cell therapy.
Application by Trust concerning withdrawal of renal replacement therapy and other treatment RH had a rare liver disease and had been receiving treatment since an early age. An attempted liver transplant resulted in a bile leak that could not be stopped causing infection and organ failure. By February 2026 the clinicians thought RH was actively dying and no further treatment should be undertaken. The family disagreed with the move to palliative care and the Trust, following Townsend, continued with renal replacement therapy.
At [46] Mr Justice Peel finds the effects of the treatment mean that RH lacks capacity so he then assesses his best interests. While acknowledging RH's presentation has improved, this is because of the palliative RRT which will not lead to recovery and also that RH experiences discomfort [52]. However he decides at [53] the treatment is not yet intolerable so can continue but if there is a serious deterioration "then the clinicians are authorised not to treat with mechanical ventilation or vasopressors. If the RRT fails (e.g by reason of a blood pressure drop) or the line cannot be inserted, then the treatment can be withdrawn or withheld.These are ceilings of care which in my judgment are in RH's best interests. For the avoidance of doubt, my order is permissive; it does not prevent the clinicians from administering any treatment they think appropriate, but allows them lawfully to withdraw or withhold certain aspects of treatment." Read the judgment on Bailii Judgment concerning habitual residence and best interests where CK had lived in Spain but, now diagnosed with vascular dementia, is in a care home in England.
Application by the NHS Trust for a declaration that it was lawful and in AS's best interests to continue risk feeding but with no insertion of an NG tube/PEG and to take a palliative care approach.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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