​Sandwell and West Birmingham Hospitals NHS Trust v GH [2023] EWCOP 50

​Application by the NHS Trust for declarations that GH lacked capacity to make decisions about treatment for breast cancer. The declarations were made. 

GH is a 52 year old woman with a diagnosis of schizoaffective disorder. She was diagnosed with breast cancer in March 2023 but does not believe that she has cancer and refuses all treatment. The Trust responsible for managing her cancer treatment has applied to the Court of Protection for declarations and orders that GH lacks capacity to conduct these proceedings and make decisions about whether to undergo breast cancer surgery, and that it is lawful and in her best interests for the applicant to deliver care and treatment to GH in accordance with the care plan provided, which would involve sedation, anaesthesia, and a right mastectomy and axillary node clearance.

The court made the declarations sought, concluding that it is in GH’s best interests to undergo the proposed surgery. The court also ordered the Trust to pay 80% of the costs of the OS because of the unreasonable delay in the Trust making the application.

Read the full text of the judgment here