IH (Observance of Muslim Practice) [2017] EWCOP 9

​Applications for the Patient not to fast during Ramadan and to have his axillary and pubic hair trimmed in accordance with Islamic cultural and religious practice. First application allowed, second application dismissed.

The Patient is 39 and from a Punjabi family. He has a profound learning disability, and functions intellectually at the developmental level of a 1-3 year old. He also has atypical autism (i.e. his level of mental retardation makes it difficult to elucidate a full house of autistic symptoms). He has the appearance of microcephaly, he has a neurodevelopmental disorder, hemiparesis, a weakness on the right side of his body, myopia, a convergent squint, an intermittent loss of balance and a mood disorder. He is doubly incontinent. He has familiar routines, but is reported not to stick to or depend on routines; he nonetheless likes predictability. He has a short attention span. He is greatly loved by his family, and is popular with his carers. He currently resides in a supported living environment. There were 2 applications before the court:

1. An application by the OS for a declaration that is was not in the Patient's interests for him to fast during Ramadan
2. An application by the Patient's father that it was in the Patient's best interests for his axillary and pubic hair to be trimmed in accordance with Islamic cultural and religious practice insofar as it is safe and reasonable to do so.

Dealing with the first application, the application was allowed, the court ruling that it was not in the Patient's best interests for him to be expected to fast during Ramadan, or indeed at all. There is no Islamic obligation on the Patient to fast given his lack of capacity. He has never been required to fast by his family, and has not fasted while in their care. He has not, thus far, fasted while in the care of the Local Authority. The absence of food/water would be likely to cause the Patient stress, or distress; this may cause him to become irritable and/or aggressive, increasing the risks to staff and himself. There is some minor anxiety that fasting and/or mild dehydration would increase the side effects of any one of his multiple medications.

The court dismissed the second application. This procedure is not required of the Patient in accordance with the tenets of the Islamic faith; there is no other benefit to the Patient in undergoing this procedure, which carries avoidable risks of harm to the Patient and/or his carers were he to become stressed in the process.

Read the full text of the judgment on Bailii