X, Re (Rev 2) [2015] EWCOP 36 (9 December 2014)

X, Re (Rev 2) [2015] EWCOP 36 (9 December 2014)

The court found that X's only significant bowel condition is functional constipation, not requiring dietary exclusion or supplements, and that AY's approach is rigid, uncollaborative, and not in X's best interests. The welfare deputyship is not necessary or appropriate and should be discharged. X's diet and treatment should be determined by responsible clinicians.

Citation
[2015] EWCOP 36
Parties
Applicant: A. Y.; First Respondent: Hertfordshire Partnership NHS Foundation Trust; Second Respondent: Norfolk County Council; Third Respondent: X (by his Litigation Friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
09 December 2014
Procedural Posture
Court of Protection Mental Capacity Act 2005 / Final Judgment After Fact Finding Hearing
Outcome
Application for restoration of welfare deputyship refused; welfare deputyship discharged; declarations as to X's lack of capacity and best interests granted.
Legal Topics
Deputyship, Best Interests, Medical Treatment, Dietary Decisions, Mental Health Act, Capacity Determinations
Mental Capacity Law Health and Welfare Law Deputyship Best Interests Medical Treatment Dietary Decisions Mental Health Act Capacity Determinations

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 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

A. Y.

Applicant

Hertfordshire Partnership NHS Foundation Trust

First Respondent

Norfolk County Council

Second Respondent

X (by his Litigation Friend, the Official Solicitor)

Third Respondent

Procedural Posture

Court of Protection Mental Capacity Act 2005 / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether X's dietary regime and supplements are in his best interests
  2. 2 Whether AY's welfare deputyship should be restored or discharged
  3. 3 Whether X's current care and treatment arrangements are appropriate under the Mental Capacity Act 2005

Ratio Decidendi

The court found that X's only significant bowel condition is functional constipation, not requiring dietary exclusion or supplements, and that AY's approach is rigid, uncollaborative, and not in X's best interests. The welfare deputyship is not necessary or appropriate and should be discharged. X's diet and treatment should be determined by responsible clinicians.

Court Disposition

Application for restoration of welfare deputyship refused; welfare deputyship discharged; declarations as to X's lack of capacity and best interests granted.

Orders

  • AY's appointment as welfare deputy is discharged.
  • X's diet and medical treatment to be determined by responsible clinicians.