A MENTAL HEALTH NHS TRUST v BG & Ors

A MENTAL HEALTH NHS TRUST v BG & Ors

BG lacked capacity to make decisions about her care and treatment; all treatment options had been exhausted; it was lawful and in BG’s best interests to withdraw artificial nutrition, hydration, medication, and treatment against her wishes, and to discharge her home with a palliative care plan.

Source-derived case information.

Parties
Applicant: A Mental Health NHS Trust; First Respondent: BG; Second Respondent: FG; Third Respondent: IG
Jurisdiction
England and Wales
Judgment Date
24 June 2022
Procedural Posture
Inherent Jurisdiction Application / Final Judgment
Outcome
Application allowed; declarations and orders made as sought.
Legal Topics
Capacity, Best Interests, Withdrawal of Treatment, Reporting Restrictions, Autonomy
Mental Health Law Medical Law Human Rights Capacity Best Interests Withdrawal of Treatment Reporting Restrictions Autonomy

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

A Mental Health NHS Trust

Applicant

BG

First Respondent

FG

Second Respondent

IG

Third Respondent

Procedural Posture

Inherent Jurisdiction Application / Final Judgment

Legal Issues

  1. 1 Does BG lack capacity to make decisions about her care and treatment?
  2. 2 Is it lawful and in BG’s best interests to withdraw artificial nutrition, hydration, medication, and treatment against her wishes?
  3. 3 Should reporting restrictions be continued to protect BG’s privacy?

Ratio Decidendi

BG lacked capacity to make decisions about her care and treatment; all treatment options had been exhausted; it was lawful and in BG’s best interests to withdraw artificial nutrition, hydration, medication, and treatment against her wishes, and to discharge her home with a palliative care plan.

Court Disposition

Application allowed; declarations and orders made as sought.

Orders

  • Declaration that BG lacks capacity to conduct proceedings and make decisions about her care and treatment.
  • Order that it is lawful and in BG’s best interests for no further treatment to be provided against her wishes and for her to be discharged home.