Barking, Havering and Redbridge University Hospitals NHS Trust v AS & Anor [2026] EWCOP 15

​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.

On or around 5 September 2025, AS sustained a massive stroke involving three blood vessels and causing significant damage to her brain; it occurred in the context of atrial fibrillation. She was aphasic (unable to understand or produce speech). She was admitted to hospital between 5 September and 18 November 2025. Of particular relevance to this application is that she had very severely impaired swallowing function. She had a nasogastric tube ("NG tube") inserted for nutrition and hydration until 20 October 2025. During that period she had significant issues with the NG tube, repeatedly vomiting and regurgitating. When the NG tube was removed, she did not regain swallowing functionality. While AS still had capacity she made an advance statement saying that if she lost capacity: "If my health becomes very poorly or in an emergency situation – I would want all treatments and care necessary to prolong my life. If I was at the end of my life I would want my life to be prolonged using any treatment including by artificial means". It was the Trust's opinion that it was in AS's best interests to continue risk feeding (with no insertion of an NG tube/PEG), cease blood tests, IV fluids and potassium, take a palliative care approach to ensure comfort and discharge to a more comfortable and appropriate setting under the fast track pathway. The family of AS opposed this treatment plan.

The court declared that the proposed treatment plan was in AS's best interests. If the Trust were to proceed with a NG tube, that would effectively preclude AS from returning home because it would not practically be possible to feed AS in this way in the community. It is likely that AS would prefer to be at home, surrounded by her loved ones, rather than on a hospital ward. And it is likely that she would prefer to be as comfortable as possible rather than subjected to invasive and distressing treatment.

​Read the full text of the judgment on Bailii