Blackpool Teaching Hospitals NHS Foundation Trust v GWS & Ors (Capacity) [2025] EWCOP 23 (T3)

Decision concerning an 18 year old's capacity to decide on medical treatment.

GWS is 18 and had been admitted to hospital with concerns as to a possible gastrointestinal bleed and infection. He had been neglected and is now a drug user, mainly ketamine. He had been diagnosed with small bladder capacity in April 2023, possibly exacerbated by his drug use with complications which if untreated could be very serious. He had been admitted several times since then but on the current occasion he became subject to an urgent authorisation of his deprivation of liberty. 

Theis J, The Vice President, provides a lengthy review of the evidence and submissions from all the parties. She decides he lacks capacity as he failed to use "salient factors here which involve serious and long-term implications for GWS that he is not using and weighing in reaching his decision." [126] She also notes at [132] that it is not in GWS's best interests to be discharged (which was a point of concern) prior to a stent replacement procedure being undertaken.

Read the judgment on Bailii