St George's University Hospitals NHS Foundation Trust v MN [2025] EWCOP 28 (T3)

Judgment concerning medical treatment for MN, who has a diagnosis of schizophrenia, and whether he has capacity to make decisions about treatment for suspected cancer.

MN lives in a specialist residential care home and was first suspected of having an anal mass, possibly cancerous, in October 2025. He was assessed as lacking capacity in February 2025 by which time the mass had grown and he was suffering increasing pain. The Trust now sought declarations that he lacked capacity to make decisions about any treatment as well as authorisation to undertake the investigations required and to use restraint if necessary,

Peel J concludes he should make the orders. MN had never expressed any wish to die and there was clearly no question that he lacked capacity in these areas. However, he also criticises the Trust for the length of time taken to seek them and urges them to review their procedures.

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