Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37

​​Hearing to determine whether the P should be given CANH against his wishes.

The P has suffered post-traumatic stress disorder and depression having been granted asylum after escaping from his native Palestine. The P believed his date of birth to be 29 December 1994 but after 3 age assessments the Home Office determined that it was 29 December 1994. For the P, the removal of his date of birth was perceived as a fundamental violation of his own rights and an assault on his identity. The P made an application to help at a Nightingale hospital but his application was rejected because he did not give his biometric date of birth. This led to the P feeling that his situation was hopeless and he started to refuse food and drink. This hearing was to determine what treatment plan should be undertaken, including the option of feeding with sedation without the P's consent.

The court ruled that any treatment should only be undertaken with the P's consent. Loss of capacity does not override respect for personal autonomy. Every effort should be made, with the parents at the centre of the process, to persuade, cajole and encourage the P to accept nutrition and hydration. When the P says no to CANH his refusal should be respected. No must mean no! 

Read the full text of the judgment on Bailii