A (A Child), Re (Rev 1) [2014] EWCOP 920 (12 February 2014)

A (A Child), Re (Rev 1) [2014] EWCOP 920 (12 February 2014)

A lacks capacity to make decisions about her medical treatment. The overwhelming medical evidence is that NJ tube feeding is urgently required to prevent her imminent death and is in her best interests. The court authorises NJ tube feeding, psychiatric assessment, use of reasonable force and sedation if necessary,...

Source-derived case information.

Citation
[2014] EWCOP 920
Parties
Applicant: AN NHS Foundation Trust; 1st Respondent: A; 2nd Respondent: M; 3rd Respondent: P; 4th Respondent: A Local Authority
Jurisdiction
England and Wales
Judgment Date
12 February 2014
Procedural Posture
Family Division Wardship / Medical Treatment / First Instance Judgment on Application for Declarations
Outcome
Declarations granted as sought by the Applicant; orders made for medical treatment, psychiatric assessment, use of reasonable force and sedation, suspension of contact, and wardship.
Legal Topics
Wardship, Best Interests of Child, Medical Treatment of Minors, Parental Responsibility, Mental Capacity, Use of Restraint in Medical Treatment
Family Law Medical Law Child Law Wardship Best Interests of Child Medical Treatment of Minors Parental Responsibility Mental Capacity +1 more

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Parties

AN NHS Foundation Trust

Applicant

A

1st Respondent

M

2nd Respondent

P

3rd Respondent

A Local Authority

4th Respondent

Procedural Posture

Family Division Wardship / Medical Treatment / First Instance Judgment on Application for Declarations

Legal Issues

  1. 1 Whether it is lawful and in A's best interests to administer medical treatment (NJ tube feeding, psychiatric care) against her and her mother's wishes;
  2. 2 Whether A has capacity to make decisions about her medical treatment;
  3. 3 Whether restraint and sedation can lawfully be used to facilitate treatment;

Ratio Decidendi

A lacks capacity to make decisions about her medical treatment. The overwhelming medical evidence is that NJ tube feeding is urgently required to prevent her imminent death and is in her best interests. The court authorises NJ tube feeding, psychiatric assessment, use of reasonable force and sedation if necessary, and temporary suspension of contact with her mother to maximise the prospects of successful treatment. The court invokes its parens patriae jurisdiction and makes A a Ward of Court to ensure clarity of decision-making authority.

Court Disposition

Declarations granted as sought by the Applicant; orders made for medical treatment, psychiatric assessment, use of reasonable force and sedation, suspension of contact, and wardship.

Orders

  • It is lawful and in A's best interests to have a naso-jejunal tube inserted and reinserted as needed.
  • It is lawful and in A's best interests to receive fluids, nutrition, and medications via NJ tube.