JJ, R (On the Application Of) v Spectrum Community Health CIC (Rev1) [2023] EWCA Civ 885 (25 July 2023)

JJ, R (On the Application Of) v Spectrum Community Health CIC (Rev1) [2023] EWCA Civ 885 (25 July 2023)

A medical professional is not legally required to provide treatment or care, including feeding, that is not clinically indicated and is considered unsafe, even if the patient has capacity and requests it. The refusal to provide such treatment does not breach common law autonomy or Article 8 ECHR where the interference is lawful, necessary, and proportionate for the protection of health and the rights of others.

Citation
[2023] EWCA Civ 885
Parties
Claimant/appellant: JJ; Defendant/respondent: Spectrum Community Health CIC; Intervener: The Royal College of Physicians
Jurisdiction
England and Wales
Judgment Date
25 July 2023
Procedural Posture
Judicial Review Appeal / Appeal From Dismissal of Judicial Review by Administrative Court
Outcome
Appeal dismissed
Legal Topics
Patient Autonomy, Medical Treatment Refusal, Article 8 ECHR, Clinical Judgment, Regulatory Compliance, Gross Negligence Manslaughter
Medical Law Human Rights Law Administrative Law Patient Autonomy Medical Treatment Refusal Article 8 ECHR Clinical Judgment Regulatory Compliance +1 more

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Parties

JJ

Claimant/appellant

Spectrum Community Health CIC

Defendant/respondent

The Royal College of Physicians

Intervener

Procedural Posture

Judicial Review Appeal / Appeal From Dismissal of Judicial Review by Administrative Court

Legal Issues

  1. 1 Whether a medical professional is acting lawfully in restricting foods offered to a patient due to clinical risk
  2. 2 Whether a patient with capacity can demand treatment not clinically indicated
  3. 3 Whether refusal to provide food of choice breaches Article 8 ECHR

Ratio Decidendi

A medical professional is not legally required to provide treatment or care, including feeding, that is not clinically indicated and is considered unsafe, even if the patient has capacity and requests it. The refusal to provide such treatment does not breach common law autonomy or Article 8 ECHR where the interference is lawful, necessary, and proportionate for the protection of health and the rights of others.

Court Disposition

Appeal dismissed