Bagguley v E [2019] EWCOP 49

The property and affairs deputy for the P was seeking authority for buccal cell samples to be taken from the P for the purposes of DNA testing to establish whether or not he was the father of each or any of three individuals. The application was granted.

Declarations as to the P's best interests and orders facilitating the taking of bodily samples for non-therapeutic purposes fall within the scope of ss15 and 16 MCA 2005. It was initially thought that the P was close to death, in which case  'appropriate consent' would have to be obtained in relation to the deceased before any sample could be taken. However, this turned out not to be such an urgent application.

The court ruled that it was in the P's best interests for the sample to be taken. He had previously commissioned tests to prove or disprove paternity (which were inconclusive) and he would, if he were in a position to do so, want the tests to be undertaken.

Read the full text of the judgment on Bailii