RS, Re (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) (05 November 2025)

RS, Re (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3) (05 November 2025)

It is in RS's best interests to undergo the proposed spinal surgery and planned intensive care, despite significant risks, because the benefits of arresting scoliosis progression, improving mobility and comfort, and extending life expectancy outweigh the burdens and risks, and there is no viable alternative treatment.

Citation
[2025] EWCOP 38
Parties
Applicant: GH; First Respondent: RS; Second Respondent: Royal Orthopaedic Hospital NHS Foundation Trust; Third Respondent: City of Wolverhampton Council; Fourth Respondent: Birmingham Women and Children's Hospital Trust
Jurisdiction
England and Wales
Judgment Date
05 November 2025
Procedural Posture
Court of Protection Medical Treatment Application / Final Judgment
Outcome
Application granted
Legal Topics
Best Interests Decision, Surgery for Incapacitated Person, Intensive Care Consent, Medical Risk Assessment, Court Approval for Treatment
Mental Capacity Law Medical Law Best Interests Decision Surgery for Incapacitated Person Intensive Care Consent Medical Risk Assessment Court Approval for Treatment

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Parties

GH

Applicant

RS

First Respondent

Royal Orthopaedic Hospital NHS Foundation Trust

Second Respondent

City of Wolverhampton Council

Third Respondent

Birmingham Women and Children's Hospital Trust

Fourth Respondent

Procedural Posture

Court of Protection Medical Treatment Application / Final Judgment

Legal Issues

  1. 1 Whether it is in RS's best interests to undergo major spinal surgery with planned intensive care and mechanical ventilation, given his lack of capacity and significant risks involved.

Ratio Decidendi

It is in RS's best interests to undergo the proposed spinal surgery and planned intensive care, despite significant risks, because the benefits of arresting scoliosis progression, improving mobility and comfort, and extending life expectancy outweigh the burdens and risks, and there is no viable alternative treatment.

Court Disposition

Application granted

Orders

  • It is declared lawful and in RS's best interests to undergo the proposed spinal surgery and associated intensive care, including heavy sedation and mechanical ventilation, in accordance with the submitted care plans.