Barnet Enfield And Haringey Mental Health NHS Trust & Anor v K & Ors [2023] EWCOP 35

Judgment concerning the welfare of K and his treatment for seriously infected leg ulcers.

Proceedings in the Court of Protection first started in 2017 when he refused to leave hospital after being admitted with a serious heart condition. Further similar proceedings cropped up again in 2019 and K's resistance to transfer to a care home continued until a best interest order by Theis J in March 2023 after which he was transferred without incident. During this time in hospital he had developed paranoid delusions. In July 2023 an application was made to transfer K to hospital for treatment to his leg ulcers as he was refusing to have them treated by staff at the home. The care home staff were also distressed by the apparent serious infection of the ulcers. 

John McKendrick KC, sitting as a Tier 3 Judge, summarises the medical evidence, particularly on the issue of whether a transfer to hospital may be a serious risk because of K's heart condition. No party argued that K had capacity to decide on his treatment so the judge then weighed  the four options presented to him. He decided the risks of transfer were too high at this stage - though may be required later -  so he approved a plan to carry out a medical assessment at the home, with use of chemical or physical restraint if necessary. In a Postscript he also makes comments on making interim declarations in the light of the judgment of Hayden J in DP v London Borough of Hillingdon.

Read the judgment on Bailii