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:
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
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