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Best interest decision regarding continuation of CANH for JP, who suffered a serious brain injury after a cardiac arrest while cycling. Since admission in 2016, JP has been entirely dependent on the nursing care, but no serious medical intervention has been required. The clinical team consider continuation of CANH as futile as it will not reverse JP's brain injury. Their palliative care plan envisaged JP would not survive longer than 3 weeks should CANH be withdrawn.
In this judgment, Hayden J undertakes a close review of the families wishes, as there was some tension between those with a strong Church faith and others with a more secular approach, noting JP had drifted away from organised religion. He comes to the clear conclusion it would be contrary to JP's best interests for CANH to continue. He also censures at [5] the RHN for the delay in bringing the matter to court when they knew JP's wishes would not to have been left as he has been for the nine years since the cardiac arrest. For this reason reiterates the themes underpinning the concept of human dignity he should consider [6] first drawn up in GU [2021] EWCOP 59. Read the judgment on Bailii Comments are closed.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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