RS (Best Interests: Surgery and Intensive Care), Re

RS (Best Interests: Surgery and Intensive Care), Re

It is in RS's best interests to undergo the proposed surgery and intensive post-operative care, as the benefits of extended life expectancy and improved quality of life outweigh the significant risks and burdens, and there is no viable alternative treatment.

Parties
First Respondent: RS; Mother: GH; Second Respondent: ROYAL ORTHOPAEDIC HOSPITAL NHS FOUNDATION TRUST; Third Respondent: CITY OF WOLVERHAMPTON COUNCIL; Fourth Respondent: BIRMINGHAM WOMEN AND CHILDREN’S HOSPITAL TRUST; Litigation Friend for RS: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
11 July 2025
Procedural Posture
Medical Treatment Application / Final Judgment
Outcome
Application granted; declaration that surgery and intensive care are in RS's best interests.
Legal Topics
Best Interests, Medical Treatment, Surgery, Intensive Care, Capacity Assessment
Mental Capacity Health Law Best Interests Medical Treatment Surgery Intensive Care Capacity Assessment

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Parties

RS

First Respondent

GH

Mother

ROYAL ORTHOPAEDIC HOSPITAL NHS FOUNDATION TRUST

Second Respondent

CITY OF WOLVERHAMPTON COUNCIL

Third Respondent

BIRMINGHAM WOMEN AND CHILDREN’S HOSPITAL TRUST

Fourth Respondent

Official Solicitor

Litigation Friend for RS

Procedural Posture

Medical Treatment Application / Final Judgment

Legal Issues

  1. 1 Is it in RS's best interests to undergo surgical correction of scoliosis with intensive post-operative care including mechanical ventilation and sedation?
  2. 2 Does RS lack capacity to consent to or refuse the proposed treatment?
  3. 3 What are the risks and benefits of the proposed surgery and post-operative care for RS?

Ratio Decidendi

It is in RS's best interests to undergo the proposed surgery and intensive post-operative care, as the benefits of extended life expectancy and improved quality of life outweigh the significant risks and burdens, and there is no viable alternative treatment.

Court Disposition

Application granted; declaration that surgery and intensive care are in RS's best interests.

Orders

  • RS to undergo surgical correction of scoliosis and post-operative intensive care as planned.
  • Third Respondent to ensure suitable, funded package of care is in place upon RS's discharge.