Declarations were made that the P, who suffered from anorexia nervosa, did not have capacity to make decisions about her treatment for the condition, nor was it in her best interests to receive any further treatment.
Hearing to determine whether the P should be given CANH against his wishes.
The P has suffered post-traumatic stress disorder and depression having been granted asylum after escaping from his native Palestine. The P believed his date of birth to be 29 December 1994 but after 3 age assessments the Home Office determined that it was 29 December 1994. For the P, the removal of his date of birth was perceived as a fundamental violation of his own rights and an assault on his identity. The P made an application to help at a Nightingale hospital but his application was rejected because he did not give his biometric date of birth. This led to the P feeling that his situation was hopeless and he started to refuse food and drink. This hearing was to determine what treatment plan should be undertaken, including the option of feeding with sedation without the P's consent.
The court ruled that any treatment should only be undertaken with the P's consent. Loss of capacity does not override respect for personal autonomy. Every effort should be made, with the parents at the centre of the process, to persuade, cajole and encourage the P to accept nutrition and hydration. When the P says no to CANH his refusal should be respected. No must mean no!
Read the full text of the judgment on Bailii
The Trust was seeking an order declaring that the P lacks the capacity to consent to the medical treatment for cancer and further, that it was in her best interests to undergo a combination of radiotherapy and chemotherapy.
Application for declarations and orders for the P to undergo medical treatment, against his wishes, in relation to the insertion of a PEG. The declarations were made.
Application by a hospital trust for a declaration as to the capacity of Q, a 57 year old woman with epilepsy, regarding conduct of the proceedings and decisions about her dental treatment, and a best interests decision concerning how treatment should proceed.
Application by the Trust to withdraw artificial nutrition and hydration from the P who had expressed, in an advance decision, that he did not want to live with an irreversible stoma. The application was granted.
Application by a hospital Trust for declarations that it is lawful, if there is a deterioration in the condition of the P (a) not to provide CPR or any other resuscitative measure and (b) not to admit her to the ICU Unit or provide an ICU level of care, even if, absent this order, she would meet the criteria for ICU admission.
The court had to decide if it was in the P's best interests to continue to receive CANH. The court ruled that CANH should continue.
Application to recognise and enforce an order of the Irish High Court concerning the transfer of treatment of a 19 year old Irish girl between specialist units in England. Application allowed.
Application by NHS trust that it would be in C’s best interests to have surgery relating to her endometrial cancer in circumstances where C has been diagnosed as suffering from paranoid schizophrenia and has delusional thoughts.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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