A Clinical Commissioning Group v P (Withdrawal of CANH)

A Clinical Commissioning Group v P (Withdrawal of CANH)

P lacks capacity to decide regarding CANH due to minimally conscious state and impairment of mind or brain; her clearly expressed wishes prior to incapacity, character, and family evidence establish with sufficient certainty that she would not want to be kept alive in her current condition. The presumption in favour of life is outweighed by P’s authentic and cogent wishes, making withdrawal of CANH in her best interests.

Parties
Applicant: A Clinical Commissioning Group; First Respondent: P (By Her Litigation Friend the Official Solicitor); Second Respondent: TD
Jurisdiction
England and Wales
Judgment Date
22 May 2019
Procedural Posture
Originating Application / Final Judgment
Outcome
Declaration that P lacks capacity regarding CANH; consent to withdrawal of CANH in P’s best interests, subject to approval of end of life care plan.
Legal Topics
Withdrawal of Clinically Assisted Nutrition and Hydration (canh), Best Interests, Mental Capacity, Sanctity of Life, Human Dignity
Health Law Mental Capacity Law Human Rights Withdrawal of Clinically Assisted Nutrition and Hydration (canh) Best Interests Mental Capacity Sanctity of Life Human Dignity

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Parties

A Clinical Commissioning Group

Applicant

P (By Her Litigation Friend the Official Solicitor)

First Respondent

TD

Second Respondent

Procedural Posture

Originating Application / Final Judgment

Legal Issues

  1. 1 Does P lack capacity to make decisions regarding CANH?
  2. 2 Is it in P's best interests for CANH to be withdrawn?

Ratio Decidendi

P lacks capacity to decide regarding CANH due to minimally conscious state and impairment of mind or brain; her clearly expressed wishes prior to incapacity, character, and family evidence establish with sufficient certainty that she would not want to be kept alive in her current condition. The presumption in favour of life is outweighed by P’s authentic and cogent wishes, making withdrawal of CANH in her best interests.

Court Disposition

Declaration that P lacks capacity regarding CANH; consent to withdrawal of CANH in P’s best interests, subject to approval of end of life care plan.

Orders

  • Declaration of incapacity regarding CANH
  • Consent to withdrawal of CANH