A NHS Trust v ST & Ors

A NHS Trust v ST & Ors

ST lacks capacity to make decisions regarding her future medical treatment, including consent to palliative care, and to conduct litigation without a litigation friend. This is because her inability to accept or believe the medical information provided by her clinicians, and her consequent inability to use or weigh that information, is the result of an impairment or disturbance in the functioning of her mind or brain, as required by the Mental Capacity Act 2005. Her decision-making is not merely unwise but is fundamentally impaired by her psychological state, trauma, and vulnerability, preventing her from making capacitous decisions in these domains.

Parties
Applicant: A NHS Trust; First Respondent: ST (by her litigation friend, the Official Solicitor); Second Respondent: TH; Third Respondent: RT
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Court of Protection Mental Capacity / Preliminary Issue Determination on Capacity
Outcome
ST lacks capacity to make decisions regarding her future medical treatment and to conduct litigation without a litigation friend.
Legal Topics
Capacity to Consent to Medical Treatment, Litigation Capacity, Withdrawal of Life Sustaining Treatment, Palliative Care, Best Interests, Mental Capacity Act 2005
Mental Capacity Law Health Law Capacity to Consent to Medical Treatment Litigation Capacity Withdrawal of Life Sustaining Treatment Palliative Care Best Interests Mental Capacity Act 2005

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Parties

A NHS Trust

Applicant

ST (by her litigation friend, the Official Solicitor)

First Respondent

TH

Second Respondent

RT

Third Respondent

Procedural Posture

Court of Protection Mental Capacity / Preliminary Issue Determination on Capacity

Legal Issues

  1. 1 Does ST have capacity to make decisions regarding her future medical treatment, including consent to palliative care?
  2. 2 Does ST have capacity to conduct litigation without a litigation friend?

Ratio Decidendi

ST lacks capacity to make decisions regarding her future medical treatment, including consent to palliative care, and to conduct litigation without a litigation friend. This is because her inability to accept or believe the medical information provided by her clinicians, and her consequent inability to use or weigh that information, is the result of an impairment or disturbance in the functioning of her mind or brain, as required by the Mental Capacity Act 2005. Her decision-making is not merely unwise but is fundamentally impaired by her psychological state, trauma, and vulnerability, preventing her from making capacitous decisions in these domains.

Court Disposition

ST lacks capacity to make decisions regarding her future medical treatment and to conduct litigation without a litigation friend.

Orders

  • Declaration that ST lacks capacity to make decisions regarding her future medical treatment, including consent to palliative care.
  • Declaration that ST lacks capacity to conduct litigation without a litigation friend.