Hounslow Clinical Commissioning Group v RW & Ors

Hounslow Clinical Commissioning Group v RW & Ors

It is in RW's best interests to receive palliative care in hospital, including pain relief and withdrawal of artificial nutrition and hydration, and to have his sons with him as much as possible. RW should not return home due to the risk of asphyxiation if PT attempts to feed him, and the home environment is no longer viable for his care.

Parties
Applicant: Hounslow Clinical Commissioning Group; 1st Respondent: RW; 2nd Respondent: PT; 3rd Respondent: PW; 4th Respondent: MW; 5th Respondent: BW
Jurisdiction
England and Wales
Judgment Date
29 March 2019
Procedural Posture
Court of Protection Application / Final Judgment
Outcome
Application granted
Legal Topics
Best Interests, Withdrawal of Treatment, End of Life Care, Palliative Care
Mental Capacity Health Law Best Interests Withdrawal of Treatment End of Life Care Palliative Care

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Parties

Hounslow Clinical Commissioning Group

Applicant

RW

1st Respondent

PT

2nd Respondent

PW

3rd Respondent

MW

4th Respondent

BW

5th Respondent

Procedural Posture

Court of Protection Application / Final Judgment

Legal Issues

  1. 1 Whether it is in RW's best interests to follow the applicant's end of life plan, including withdrawal of artificial nutrition and hydration and provision of palliative care
  2. 2 Whether RW should be permitted to return home for end of life care

Ratio Decidendi

It is in RW's best interests to receive palliative care in hospital, including pain relief and withdrawal of artificial nutrition and hydration, and to have his sons with him as much as possible. RW should not return home due to the risk of asphyxiation if PT attempts to feed him, and the home environment is no longer viable for his care.

Court Disposition

Application granted

Orders

  • Applicant's end of life plan for RW is endorsed, including palliative care and withdrawal of artificial nutrition and hydration.
  • RW's sons are permitted to be with him as much as possible, but no prescriptive restrictions on visits are imposed.