SS v CCG & Anor [2018] EWCOP 40

Application to withdraw CANH from the P, who was in a persistent vegetative state, was allowed.

The P had been in a persistent vegetative state since 2011 after she sustained severe hypoxic brain damage following a cardiac arrest.  During the course of 2017, a number of meetings took place and it was reluctantly agreed by all those concerned that it was in her best interests for the CANH to be withdrawn. The judge had regard to Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 (the purpose of the best interest test is to consider from the patient's point of view, where a patient is suffering from an incurable disability, the question is, in fact, whether they would regard their life as worthwhile or futile) and Airedale NHS Trust v Bland [1993] UKHL 17.

The application was allowed. There was no prospect of recovery and no benefit would be derived from any further investigation or treatment. The judge was satisfied that on a best interests analysis, the evidence was sufficient to say that the P had, prior to her injury, expressed a strong wish in fact not to live a disabled and a dependent life.

Read the full text of the judgment on Bailii