The Newcastle Upon Tyne Hospitals NHS Foundation Trust v RB [2021] EWCOP 11

​​The issue before the court was whether the form of cancer care set out by the Trust was in the P's best interests and whether the court should make a declaration to that effect under the Mental Capacity Act 2005. The declaration was made.

The P has a diagnosis of Fragile X Syndrome, a genetic condition causing learning disabilities which affects something like 1 in 4,000 boys and men. He also has atypical severe autism, dysphagia and has limited verbal communication. He lives at home with his parents and brother. In September 2020, the P was diagnosed with testicular cancer and underwent surgical removal of his left testicle. Sadly, following a CT scan, it became apparent that the cancer had spread into the P's lymph nodes and that his presentation was consistent with metastatic germ cell cancer. In general terms, this is a highly curative type of cancer using chemotherapy. The Trust's treatment plan favoured chemotherapy not surgery, a plan that was, by the time of hearing, agreed by the P's mother (his litigation friend).

The court made the declaration sought, saying that there was no basis to pursue the surgical route rather than stay with the Trust's treatment plan of four cycles of chemotherapy.

Read the full text of the judgment on Bailii