A Clinical Commissioning Group v P (Withdrawal of CANH) [2019] EWCOP 18

Application brought by the CCG, with the support of the P's family, that CANH should be withdrawn from the P. The application was granted.

In 2014 the P took an overdose of heroin and as a result she suffered cardiorespiratory arrest and, in turn, a severe hypoxic brain injury. Since then she has been in a minimally conscious state and has been kept alive through CANH, although over this period, there have been at times a difference of opinion as to the P's level of awareness. Following a period of no meaningful responses, her family were very clear that she would not want to live like this and were supportive of a palliative approach including exploring the process of applying to the court for withdrawal of CANH. Whilst there was no dispute between the applicant, the Official Solicitor and the family about the correct course of action there was strictly no requirement to go to court to seek approval for the withdrawal of CANH. However, given certain contrary views expressed by the dedicated staff who now care for the P and the neutral position taken by her treating clinicians in this case, the applicant made the decision to bring this matter before the court. 

The court granted the application. It was satisfied that it was in the P's best interests that CANH should be withdrawn - on the balance of probabilities P had, before the overdose, expressed a clear and firmly held view that she would not want to be kept alive in circumstances in which she now finds herself.

Read the full text of the judgment on Bailii