Patricia's Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3)

Application by members of Patricia's family to lift orders preventing nasogastric feeding by hospital staff where Patricia has a diagnosis of anorexia nervosa and a BMI of 9.  

Patricia's situation was considered by the Court of Protection in 2023, when Moor J ordered, in accordance with her strongly expressed views, that it was in her best interests not to receive nasogastric tube feeding with restraint and not to receive any other medical treatment against her wishes and that Patricia should be given autonomy to make her own decisions about whether she put on weight or not. The parents and aunt, who brought this application, were not parties in the 2023 proceedings, there was no appeal and they said they had not understood the import of the decisions made.

Arbuthnot J provides a lengthy review of the circumstances and first considers whether she can revisit the orders. At [158-160] she notes (and following Poole J in AF) that she can only review if the decision or circumstances that the new court is being asked to consider are not clearly covered by the earlier judgment. In this case she identifies that circumstance as Patricia's reaction to the orders as they placed the burden on her to improve her calorie intake. Without discharge of the orders, and given Patricia's agreed lack of capacity, she would be unable to access a specialist unit that may be willing to accept her and which might save her life. She therefore lifts the orders although acknowledging this would cause some distress to Patricia.

Read the judgment on Bailii