Care proceedings brought by a local authority in relation to X, a boy of 10, and also an application to authorise them to deprive X of his liberty by accommodating him in Y Home.
It was acknowledged by all that if X was to remain at Y Home there would need to be a declaration in the High Court authorising the Local Authority to deprive X of his liberty as far as was necessary to keep him there. The Local Authority would be authorised to deprive X of his liberty but do not need to do so if it is not in their view necessary (a permissive order).
Whether the court should grant the Local Authority leave to invoke the inherent jurisdiction. Keehan J has considered this point in AB (A Child: Deprivation of Liberty)  EWHC 3125 (Fam) where he sets out therein why section 25 of the Children Act 1989 is not an appropriate way of dealing with such cases.
The Trust made an application in relation to the Patient, O, seeking an application that their staff might lawfully withdraw and withhold mechanical ventilation and, further, that they might lawfully withhold any escalation of treatment such as cardiopulmonary resuscitation, organ support and antibiotics. The application was made on the basis that such treatment was, in their evaluation, no longer in O's best interests.
Despite the compelling, entirely unanimous and substantial body of medical opinion that has now been gathered the court found that the family were unable to let O die.
The Courts must not pursue the principle of respect for life to the point where life has become empty of real content or to a degree where the principle eclipses or overwhelms other competing rights of the patient i.e. in this case simple respect for her dignity.
Paragraph 28 of the Mental Capacity Act Code of Practice which addresses life-sustaining treatment was considered.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute.
Sign up for our free email alert
We do not share your details with any third parties and you can unsubscribe at any time
More from Bath Publishing
This site is published by Bath Publishing Limited
Manage your email preferences