NHS Trust v Y & Anor [2017] EWHC 2866 (QB) (13 November 2017)

NHS Trust v Y & Anor [2017] EWHC 2866 (QB) (13 November 2017)

There is no legal obligation, statutory or common law, to seek court approval for withdrawal of CANH from a patient lacking capacity where the clinical team and family agree it is not in the patient's best interests and there is no dispute or doubt as to diagnosis, prognosis, or best interests. The Mental Capacity Act 2005 provides sufficient legal framework for such decisions, and court involvement is only required where there is a dispute or doubt.

Citation
[2017] EWHC 2866 (QB)
Parties
Claimant: NHS Trust; First Defendant: Mr Y (by his Litigation Friend, the Official Solicitor); Second Defendant: Mrs Y
Jurisdiction
England and Wales
Judgment Date
13 November 2017
Procedural Posture
Declaratory Relief Under CPR Part 8 / Final Hearing Before High Court (queen's Bench Division)
Outcome
Declaration granted in favour of the Claimant (NHS Trust).
Legal Topics
Withdrawal of Clinically Assisted Nutrition and Hydration (canh), Best Interests of Incapacitated Patients, Court Oversight in Medical Treatment Withdrawal, Article 2 and Article 6 ECHR Rights, Practice Under the Mental Capacity Act 2005
Medical Law Mental Capacity Law Human Rights Withdrawal of Clinically Assisted Nutrition and Hydration (canh) Best Interests of Incapacitated Patients Court Oversight in Medical Treatment Withdrawal Article 2 and Article 6 ECHR Rights Practice Under the Mental Capacity Act 2005

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Parties

NHS Trust

Claimant

Mr Y (by his Litigation Friend, the Official Solicitor)

First Defendant

Mrs Y

Second Defendant

Procedural Posture

Declaratory Relief Under CPR Part 8 / Final Hearing Before High Court (queen's Bench Division)

Legal Issues

  1. 1 Is there a legal obligation to seek court approval for withdrawal of CANH from a patient lacking capacity where clinicians and family agree it is not in the patient's best interests?
  2. 2 Does the Mental Capacity Act 2005 or common law require all such cases to be brought before the court?

Ratio Decidendi

There is no legal obligation, statutory or common law, to seek court approval for withdrawal of CANH from a patient lacking capacity where the clinical team and family agree it is not in the patient's best interests and there is no dispute or doubt as to diagnosis, prognosis, or best interests. The Mental Capacity Act 2005 provides sufficient legal framework for such decisions, and court involvement is only required where there is a dispute or doubt.

Court Disposition

Declaration granted in favour of the Claimant (NHS Trust).

Orders

  • It is not mandatory to bring before the Court the withdrawal of CANH from Mr Y in circumstances where the clinical team and Mr Y's family are agreed that it is not in his best interests to continue that treatment.
  • Further submissions to be invited from the parties as to any additional orders required.