Court of Protection Hub
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site

Cases

QJ v A Local Authority & Anor [2020] EWCOP 7

6/2/2020

 
​Judgment concerning whether QJ, an 87 year old suffering from vascular dementia, has capacity regarding the nature and extent of his medical treatment.
QJ had lived in care homes since August 2019 and it was agreed that he lacked capacity to determine where he should live and the care he should have. At an earlier hearing Dr A, a consultant in old age psychiatry, expressed the view that QJ has capacity to conduct proceedings, decide about nutrition and hydration and decide about medical treatment, but lacks capacity in relation to residence and care. At a subsequent hearing, the treating consultant, Dr B, related in a written statement that when talking to QJ about whether he would have nasogastric tube inserted QJ shook his head but Dr B still went on to state that QJ “did not seem to understand the gravity of what might happen to him if he did not eat” even though Dr B was satisfied that QJ did not want the tube and understood that there were significant questions relating to his eating and drinking. 

Against that background the Vice President, Hayden J, reminds himself at [23-24] that 

“the presumption of capacity is a fundamental safeguard of human autonomy. It requires cogent, clear and carefully analysed information before it can be rebutted.

24.  It is important to emphasise that lack of capacity cannot be established merely by reference to a person’s condition or an aspect of his behaviour which might lead others to make unjustified assumptions about capacity (s.2(3) MCA). An aspect of QJ’s behaviour included his reluctance to answer certain questions. It should not be construed from this that he is unable to. There is a good deal of evidence which suggests that this is a choice.”


He therefore concludes that the presumption has not been rebutted. He also notes at [25] that it was potentially significant that the agreed medical consensus as to the way forward accorded exactly with what QJ himself expressed.

Read the judgment on Bailii

Comments are closed.
    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    Support the Hub
    This site is free to access but if you find it useful then please consider a contribution by way of support for our work.  Click here to contribute.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination

    Archives

    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015


Powered by Create your own unique website with customizable templates.
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site