A NHS Foundation Trust v Ms X (By Her Litigation Friend, the Official Solicitor)

A NHS Foundation Trust v Ms X (By Her Litigation Friend, the Official Solicitor)

It is not in Ms X's best interests to be subject to further compulsory detention and treatment for anorexia nervosa, nor to compel nutrition and hydration, given her lack of capacity regarding anorexia treatment, her consistent refusal, the medical evidence of futility and harm, and the legal requirement to respect her autonomy and advance decision.

Parties
Applicant: A NHS Foundation Trust; Respondent: Ms X
Jurisdiction
England and Wales
Judgment Date
08 October 2014
Procedural Posture
Originating Application / Final Judgment
Outcome
Relief granted as sought by the applicant Trust.
Legal Topics
Mental Capacity, Best Interests, Compulsory Treatment, Advance Decision, Anorexia Nervosa, Alcohol Dependence, Right to Life, Personal Autonomy
Mental Health Law Medical Law Human Rights Law Mental Capacity Best Interests Compulsory Treatment Advance Decision Anorexia Nervosa +3 more

Case Brief

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 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

A NHS Foundation Trust

Applicant

Ms X

Respondent

Procedural Posture

Originating Application / Final Judgment

Legal Issues

  1. 1 Whether it is in Ms X's best interests to be subject to further compulsory detention and treatment for anorexia nervosa
  2. 2 Whether it is lawful for clinicians not to provide nutrition and hydration with which Ms X does not comply
  3. 3 Whether Ms X lacks capacity to make decisions regarding treatment for anorexia nervosa

Ratio Decidendi

It is not in Ms X's best interests to be subject to further compulsory detention and treatment for anorexia nervosa, nor to compel nutrition and hydration, given her lack of capacity regarding anorexia treatment, her consistent refusal, the medical evidence of futility and harm, and the legal requirement to respect her autonomy and advance decision.

Court Disposition

Relief granted as sought by the applicant Trust.

Orders

  • Declaration that it is not in Ms X's best interests to be subject to further compulsory detention and treatment for anorexia nervosa, whether under the Mental Health Act 1983 or otherwise.
  • Declaration that it is lawful for clinicians not to provide Ms X with nutrition and hydration with which she does not comply.