Re A (Covert Medication: Closed Proceedings)

Re A (Covert Medication: Closed Proceedings)

It is in A’s best interests to continue receiving hormone treatment for primary ovarian failure, administered covertly for the time being, as she lacks capacity and continues to refuse treatment. However, the continuation of covert medication is unsustainable in the long term due to increased risks of discovery and harm. B must be informed of the covert medication, closed proceedings must end, and a plan must be devised to transition to open medication. Reporting restrictions are to be lifted, with continued protection of A’s anonymity.

Parties
Applicant: A Council; First Respondent: A (By her Litigation Friend, The Official Solicitor); Second Respondent: B (A’s Mother); Third Respondent: An NHS Trust
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Court of Protection / Judgment Following Closed and Open Hearings
Outcome
Covert medication to continue temporarily; closed proceedings ended; B to be informed; reporting restrictions lifted; medication plan to be devised for transition to open medication; contact arrangements adjusted.
Legal Topics
Covert Medication, Best Interests, Closed Proceedings, Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Medical Treatment Without Consent
Mental Capacity Health Law Human Rights Covert Medication Best Interests Closed Proceedings Reporting Restrictions Article 8 ECHR +2 more

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Parties

A Council

Applicant

A (By her Litigation Friend, The Official Solicitor)

First Respondent

B (A’s Mother)

Second Respondent

An NHS Trust

Third Respondent

Procedural Posture

Court of Protection / Judgment Following Closed and Open Hearings

Legal Issues

  1. 1 Whether A lacks capacity to make decisions about her medical treatment and litigation
  2. 2 Whether it is in A’s best interests to receive hormone treatment for primary ovarian failure
  3. 3 Whether covert administration of hormone treatment is justified and should continue

Ratio Decidendi

It is in A’s best interests to continue receiving hormone treatment for primary ovarian failure, administered covertly for the time being, as she lacks capacity and continues to refuse treatment. However, the continuation of covert medication is unsustainable in the long term due to increased risks of discovery and harm. B must be informed of the covert medication, closed proceedings must end, and a plan must be devised to transition to open medication. Reporting restrictions are to be lifted, with continued protection of A’s anonymity.

Court Disposition

Covert medication to continue temporarily; closed proceedings ended; B to be informed; reporting restrictions lifted; medication plan to be devised for transition to open medication; contact arrangements adjusted.

Orders

  • B and her legal representatives to be informed of the covert medication and closed proceedings.
  • Injunctive order against B preventing her from informing A or others about the covert medication or discussing related matters with A.