Health Body A v JW by her Litigation Friend, the Official Solicitor & Anor [2024] EWCOP 40 (T2)

Application for declarations relating to dental treatment, and other treatment, for J, a woman who has diagnoses of learning disability, autism and Avoidant/Restrictive Food Intake Disorder.

J has been suffering from toothache for several months but would not cooperate with treatment. The Heath Body's position was that the treatment should be carried out under a general anaesthetic. While under the anaesthetic, it was also felt useful to undertake a blood test, cervical smear test and to cut J's hair and nails. This position was supported by the LA and the OS.

After briefly summarising the relevant law, HHJ Howells makes the declarations, setting out her reasons sequentially in paras [12-35]. She also determines that J's mother should not be present, as her presence could unsettle J, and that the treatment is compatible with J’s human rights.

Read the judgment on the National Archive