Guy's and St Thomas' NHS Foundation Trust v VA & Anor

Guy's and St Thomas' NHS Foundation Trust v VA & Anor

It is not in Mrs VA’s best interests to continue invasive treatment (tracheostomy and PEG) as it is futile, burdensome, and offers no prospect of recovery. Extubation and palliative care, focusing on quality of life at the end of life, is in her best interests. The family’s wishes, while important, are not determinative and do not override the medical evidence and legal principles.

Parties
Applicant: Guy’s and St Thomas’ NHS Foundation Trust; First Respondent (by Her Litigation Friend, the Official Solicitor): Mrs VA; Second Respondent: VK
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection Welfare Application / Final Judgment After Contested Application to Set Aside Prior Order
Outcome
Declaration granted in favour of the Trust; extubation and palliative care authorised as in Mrs VA’s best interests.
Legal Topics
Best Interests Decision Making, Withdrawal of Life Sustaining Treatment, Court of Protection Jurisdiction, Medical Treatment for Incapacitated Adults
Mental Capacity Law Medical Law Best Interests Decision Making Withdrawal of Life Sustaining Treatment Court of Protection Jurisdiction Medical Treatment for Incapacitated Adults

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Parties

Guy’s and St Thomas’ NHS Foundation Trust

Applicant

Mrs VA

First Respondent (by Her Litigation Friend, the Official Solicitor)

VK

Second Respondent

Procedural Posture

Court of Protection Welfare Application / Final Judgment After Contested Application to Set Aside Prior Order

Legal Issues

  1. 1 Whether it is in Mrs VA’s best interests to undergo extubation and palliative care or to have a tracheostomy and PEG inserted
  2. 2 Whether the prior order should be set aside due to alleged procedural unfairness

Ratio Decidendi

It is not in Mrs VA’s best interests to continue invasive treatment (tracheostomy and PEG) as it is futile, burdensome, and offers no prospect of recovery. Extubation and palliative care, focusing on quality of life at the end of life, is in her best interests. The family’s wishes, while important, are not determinative and do not override the medical evidence and legal principles.

Court Disposition

Declaration granted in favour of the Trust; extubation and palliative care authorised as in Mrs VA’s best interests.

Orders

  • Declaration that it is lawful and in Mrs VA’s best interests to withdraw ventilation and provide palliative care.
  • No order for tracheostomy or PEG insertion.