Court of Protection Hub
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About & Advertise

Cases

Cardiff & Vale University Health Board v P [2020] EWCOP 8

26/2/2020

 
Application by Local Health Board concerning dental treatment for P a severely autistic 17 year old with very little ability to communicate directly. The judgment is notable for Hayden J’s dismay at delays in bringing the application.
In January 2019 P had a CT scan to see if he required any dental treatment. That revealed some decay and impacted wisdom teeth. In October 2019, P’s parents observed that P was banging his head against a wall which they believed was a response to dental pain, that he could not communicate directly. As this behaviour deteriorated they also feared that P may have concussion or may have fractured his skull. However an application to the Court was made only on 20th February (and transferred quickly from Cardiff where no judge could be found to hear it).

In response Hayden J notes that

“this is the second time in the last few months when I have heard a case which reveals that a vulnerable person has fallen through the net the system tries to provide. Here, P has been permitted to suffer avoidably for many months. His needs, it requires to be said, have simply not been met.“

{the previous occasion was Sherwood Forest Hospitals NHS Foundation Trust and Another v H [2020] EWCOP 5]

He then states at [11] that:

“The philosophy of the Mental Capacity Act 2005 is to enable those who are vulnerable in consequence of incapacity to have equality of opportunity with their capacitous co-evals. Here, P's incapacity, his inability to communicate his distress, led to a failure to provide him with appropriate medical treatment.”

As to why this had happened, counsel for the Board (who did not try to shirk responsibility) identified [13] as

"it has arisen in consequence of "insufficient collaborative cooperation", to use her phrase, between the various disciplines required to identify P's best medical interests. In other words, a failure to share information and a failure to work together effectively."

Hayden J then concludes by saying that he delivered this ex tempore judgment so that it is on record that P’s behaviour was caused by pain and not indicative of his behaviour generally so that this episode does not have a detrimental effect on any arrangements made for P once he is once he is 18.  

Read the full judgment on Bailii

Comments are closed.
    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    Support the Hub
    This site is free to access but if you find it useful then please consider a contribution by way of support for our work.  Click here to contribute.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Fact Finding
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Property
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination
    Travel

    Archives

    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015



Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About & Advertise