Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022)

Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022)

It is in William Verden's best interests to undergo a kidney transplant with post-operative sedation and ventilation, despite significant risks of psychiatric and physical harm, because the alternative is imminent death within 12 months. The court weighs William's wishes, quality of life, and the strong presumption in favour of life, finding the benefits of treatment outweigh the risks. The court authorizes the transplant and associated sedation and ventilation, subject to safeguards and tailored support.

Citation
[2022] EWCOP 9
Parties
Claimant: Manchester University NHS Foundation Trust; First Respondent: William Verden; Second Respondent: Amy McLennan
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Declaration granted; order made authorizing kidney transplant with sedation and ventilation as in William's best interests.
Legal Topics
Best Interests Determination, Medical Treatment for Incapacitated Persons, Sedation and Ventilation, Kidney Transplant, Mental Capacity Act 2005, Autism and Learning Disability, Life Sustaining Treatment, European Convention on Human Rights
Health Law Mental Capacity Law Human Rights Best Interests Determination Medical Treatment for Incapacitated Persons Sedation and Ventilation Kidney Transplant Mental Capacity Act 2005 +3 more

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Parties

Manchester University NHS Foundation Trust

Claimant

William Verden

First Respondent

Amy McLennan

Second Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Is it in William Verden's best interests to undergo a kidney transplant with post-operative sedation and ventilation?
  2. 2 Does William lack capacity to make decisions regarding his medical treatment under the Mental Capacity Act 2005?
  3. 3 What are the risks and benefits of the proposed treatment versus continued haemodialysis?

Ratio Decidendi

It is in William Verden's best interests to undergo a kidney transplant with post-operative sedation and ventilation, despite significant risks of psychiatric and physical harm, because the alternative is imminent death within 12 months. The court weighs William's wishes, quality of life, and the strong presumption in favour of life, finding the benefits of treatment outweigh the risks. The court authorizes the transplant and associated sedation and ventilation, subject to safeguards and tailored support.

Court Disposition

Declaration granted; order made authorizing kidney transplant with sedation and ventilation as in William's best interests.

Orders

  • Manchester University NHS Foundation Trust is authorized to proceed with kidney transplant for William Verden.
  • Sedation and ventilation post-operatively for up to 14 days is permitted, subject to clinical judgment and safeguards.