Appeal against a declaration that ventilation and CANH could be withdrawn from the P who was in a coma following a cardiac arrest. Appeal dismissed.
Application by the NHS Trust for a declaration that the P lacks capacity to consent or refuse medical treatment, including ventilation and CANH and for an order that it is lawful and in his best interests for ventilation and for food and hydration to be withdrawn and for such palliative care as is appropriate to be provided in order to maximise his dignity and ensure he does not suffer unnecessarily. The declaration was made.
The Applicant NHS Trust was seeking a declaration that it was in the P's best interests to re-insert a PEG tube which had fallen out. The declaration was made.
Application by the NHS Trust to undertake urgent medical treatment on the P who was suffering from advanced cancer of the larynx. The application was granted.
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.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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