A Local Authority v A & Ors

A Local Authority v A & Ors

Given A's lack of capacity, her refusal to take medication, the life-limiting risks of non-treatment, and the likelihood that B would obstruct treatment if informed, it is strictly necessary and proportionate to withhold notification from B and to authorize covert administration of medication as being in A's best interests.

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 / Judgment on Application for Covert Medication
Outcome
Application granted
Legal Topics
Covert Medication, Best Interests, Non Disclosure, Article 8 ECHR, Mental Capacity Act 2005
Mental Capacity Health Law Human Rights Covert Medication Best Interests Non Disclosure Article 8 ECHR Mental Capacity Act 2005

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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 / Judgment on Application for Covert Medication

Legal Issues

  1. 1 Whether it is permissible and proportionate to withhold notification of proceedings from B
  2. 2 Whether A lacks capacity to make decisions regarding her medical treatment
  3. 3 Whether covert administration of medication is in A's best interests

Ratio Decidendi

Given A's lack of capacity, her refusal to take medication, the life-limiting risks of non-treatment, and the likelihood that B would obstruct treatment if informed, it is strictly necessary and proportionate to withhold notification from B and to authorize covert administration of medication as being in A's best interests.

Court Disposition

Application granted

Orders

  • Permission to administer medication to A covertly as per the approved plan
  • B is not to be informed of the proceedings or the medication plan