An NHS Trust v XB & Ors [2020] EWCOP 71 (21 December 2020)

XB lacks capacity to consent to antihypertensive medication due to his mental disorder, and covert administration of such medication is in his best interests given the life-threatening risks of untreated hypertension. The Trust should have applied to the Court of Protection earlier due to the serious interference with XB's rights and the family's concerns.

Citation: [2020] EWCOP 71
Parties: Applicant: An NHS Trust; 1st Respondent: XB; 2nd Respondent: YB; 3rd Respondent: ZB
Jurisdiction: England and Wales
Judgment Date: 21 December 2020
Procedural Posture: Court of Protection Application / Judgment After Final Hearing
Outcome: Declarations granted
Legal Topics: Covert Medication, Best Interests, Capacity to Consent, Article 8 ECHR, Delay in Court Applications

Mental Capacity Health Law Human Rights Covert Medication Best Interests Capacity to Consent Article 8 ECHR Delay in Court Applications

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Parties

An NHS Trust

Applicant

1st Respondent

2nd Respondent

3rd Respondent

Procedural Posture

Court of Protection Application / Judgment After Final Hearing

Legal Issues

1 Whether XB lacks capacity to consent to antihypertensive medication
2 Whether it is in XB's best interests to administer antihypertensive medication covertly
3 Whether the Trust should have applied to the Court of Protection earlier

Ratio Decidendi

Court Disposition

Declarations granted

Orders

Declaration that XB lacks capacity to consent to antihypertensive medication
It is lawful for the Trust to administer antihypertensive medication covertly to XB in accordance with the Covert Medication Care Plan dated March 2020