Lancashire and South Cumbria NHS Foundation Trust v BNK [2023] EWCOP 56

Application concerning dental treatment where BNK may object aggressively 

BNK is a 36-year-old man with a diagnosis of severe learning disability, autism and Noonan syndrome, a genetic condition that stops typical development in various parts of the body.  His parents are Jehovah's Witnesses and thought to object to blood transfusions. Staff looking after him become concerned by facial swelling thought to be caused by abscesses: his love of sugary drinks and snacks mean he has a long history of dental problems. The Trust's application identified 3 options for treatment, in short: do nothing; use general anaesthetic to repair / extract where necessary; remove all his teeth (full dental clearance).

The Trust believed Option 2 was in BNK's best interests but to carry out the full clearance should the examination reveal that to be the best option. The judge agrees with that stance despite the pain and resistance following either option 2 or 3 may cause BNK. Option 2 provides the chance that: 

'If there is any prospect of BNK retaining some manageable and functional teeth then he should enjoy those for as long as he can, not least as this will mean he can continue to enjoy the harder sugary snacks that are so important to him.' 

The judge also notes both option are compatible with BNK’s human rights and therefore lawful under s 6 HRA

Read the full judgment on the National Archives