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Cases

The Hospital v JJ [2019] EWCOP 41

15/10/2019

 
Application by the Hospital Trust that it was in the P's best interests to use all reasonable and proportionate measures, including physical restraint, to administer insulin to him. The court made the order sought.
The P suffers from type 1 diabetes and at the time of the application was an inpatient at the hospital following a deterioration in his physical health arising from his diagnosis. At this time the P was non-compliant with his medication regime which involved regular daily insulin injections to manage his condition. The application was made to be able to restrain the P if necessary, otherwise without medication he would die.
​
The court held that there was 
reason to believe that the P lacked capacity in relation to the issues concerning his treatment and considered that it was in his best interests that he be treated in accordance with the plan that has been laid out  by the Trust. The court was also satisfied that it was necessary and proportionate, and in the P's best interests to make the order that reasonable restraint can be used in order to administer treatment.

Read the full text of the judgment on Bailii

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