NHS Cumbria CCG v Rushton [2018] EWCOP 41

Application regarding the proposed withdrawal of clinically assisted nutrition and hydration (CANH) in respect of the 85 year old P. The application was granted.

Since sustaining a traumatic head injury in December 2015, the P had suffered from a prolonged period of disorder of consciousness and was in a persistent vegetative state (PVS). The P had made an advance decision (AD) refusing all treatment, even if her life was at risk as a result. Unfortunately, this AD had been lodged with her GP and the treating hospital did not know of its existence. The hospital had inserted a PEG in order to keep her alive. This application was to withdraw CANH. 

The court granted the application and CANH was withdrawn. The P died in a hospice some time later.

This judgment is important as it sets out the conditions which require to be met in order for the advance decision to be valid and applicable, especially where, as here, the AD has been written by a lay person.

Read the full text of the judgment on Bailii