NHS Windsor And Maidenhead Clinical Commissioning Group v SP (Withdrawal of CANH) [2018] EWCOP 11

The CCG were applying to the court for a personal welfare order that it was not in the best interests of the Patient, who was in a  permanent vegetative state, for CANH to be continued. The order was granted.

The Patient had been in PVS since suffering a cardiac arrest in 2015. The CCG, with the support of P's family, was applying for CANH to be withdrawn with the inevitable consequence that she would die within 7-14 days. Even though the case of Re Y [2017] EWHC 2866 (QB) ruled that there is no rule of principle or binding authority for the proposition that there is a legal obligation that all cases concerning the withdrawal of CANH from a person who lacks capacity must be sanctioned by the court, that case has been appealed to the Supreme Court (judgment is awaited) and the CCG has therefore taken the precaution of applying to the court but invite the court to deal with the application on the papers and without a hearing.

The court made the declarations and order sought and concluded that CANH should be discontinued and replaced by palliative care.

Read the full text of the judgment on Bailii