Patricia, In the Matter Of [2023] EWCOP 42

Judgment concerning Particia's capacity to decide on medical treatment where she is seriously ill with anorexia nervosa.

Moor J had given a previous judgment in these proceedings in which he had declined to allow Patricia to be treated by nasogastric feeding against her wishes. At the time he had reasonable grounds for believing that she lacked capacity to decide on her medical treatment. He describes it as an unusual case as it was agreed by all parties that she does, at present, have capacity to litigate, capacity to instruct her own lawyers and to conduct this litigation herself.

This judgment reconsiders capacity to decide on medical treatment. Moor J reviews the evidence of two medics who had recently seen her, one who knew her well, both of whom thought she lacked capacity. He also notes that Patricia had increased her calorie intake as she wanted to live, though not enough to satisfy her medical team she would recover. Counsel for Patricia submitted this increased intake was evidence of capacity but Moor J rejects that view concluding at [21]

"I accept the submission that Ms Butler-Cole KC made to me that judges should not automatically come to the conclusion that those with anorexia nervosa lack capacity. I am clear that, if Patricia was to get herself to a position where she was well enough to go back to an SEDU unit or to go home, by taking over 2,000 calories a day, I might well take a different conclusion. My mind is entirely open."

Read the judgment on Bailii