A Local Authority v A & Ors (Re the Mental Capacity Act 2005) [2020] EWCOP 76 (25 September 2020)

A Local Authority v A & Ors (Re the Mental Capacity Act 2005) [2020] EWCOP 76 (25 September 2020)

It is lawful and in A's best interests for the Trust to administer medication for primary ovarian failure covertly, as A lacks capacity, refuses medication, and delay would cause significant harm. Non-disclosure to B is strictly necessary and proportionate, as informing B would undermine the treatment plan and is justified under the relevant legal principles and human rights considerations.

Citation
[2020] EWCOP 76
Parties
Applicant: A Local Authority; 1st Respondent: A (by her litigation friend, The Official Solicitor); 2nd Respondent: B; 3rd Respondent: The Hospital Trust
Jurisdiction
England and Wales
Judgment Date
25 September 2020
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment on Application for Covert Medication and Non Disclosure to a Party
Outcome
Application granted
Legal Topics
Covert Medication, Best Interests, Non Disclosure Orders, Article 6 ECHR, Article 8 ECHR, Mental Capacity Act 2005, Medical Treatment of Incapacitated Adults
Mental Capacity Law Health Law Human Rights Covert Medication Best Interests Non Disclosure Orders Article 6 ECHR Article 8 ECHR +2 more

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Parties

A Local Authority

Applicant

A (by her litigation friend, The Official Solicitor)

1st Respondent

B

2nd Respondent

The Hospital Trust

3rd Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment on Application for Covert Medication and Non Disclosure to a Party

Legal Issues

  1. 1 Whether it is lawful and in A's best interests to administer medication covertly for primary ovarian failure
  2. 2 Whether it is permissible and proportionate to withhold notice of the application and hearing from B, A's mother

Ratio Decidendi

It is lawful and in A's best interests for the Trust to administer medication for primary ovarian failure covertly, as A lacks capacity, refuses medication, and delay would cause significant harm. Non-disclosure to B is strictly necessary and proportionate, as informing B would undermine the treatment plan and is justified under the relevant legal principles and human rights considerations.

Court Disposition

Application granted

Orders

  • Permission for the Trust to administer medication for primary ovarian failure to A covertly as per the approved plan
  • Non-disclosure of the application and hearing to B is authorized