An NHS Trust v XB & Ors

An NHS Trust v XB & Ors

XB lacks capacity to consent to antihypertensive medication due to his mental disorder. It is in his best interests for the medication to be administered covertly, given the serious risk to his health and life if untreated. The Trust should have applied to the Court of Protection earlier due to the serious interference with XB's rights and the family's consistent requests for court involvement.

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 Medical Treatment / Judgment
Outcome
Declarations granted
Legal Topics
Covert Medication, Best Interests, Capacity to Consent, Article 8 ECHR, Delay in Court Application
Mental Capacity Medical Law Human Rights Covert Medication Best Interests Capacity to Consent Article 8 ECHR Delay in Court Application

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Parties

An NHS Trust

Applicant

XB

1st Respondent

YB

2nd Respondent

ZB

3rd Respondent

Procedural Posture

Court of Protection Medical Treatment / Judgment

Legal Issues

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

Ratio Decidendi

XB lacks capacity to consent to antihypertensive medication due to his mental disorder. It is in his best interests for the medication to be administered covertly, given the serious risk to his health and life if untreated. The Trust should have applied to the Court of Protection earlier due to the serious interference with XB's rights and the family's consistent requests for court involvement.

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