Manchester University NHS Foundation Trust v Y (By his litigation friend, the Official Solicitor)

Manchester University NHS Foundation Trust v Y (By his litigation friend, the Official Solicitor)

Mr Y lacks capacity to consent to surgery due to delusional beliefs caused by Paranoid Schizophrenia; surgery is overwhelmingly in his best interests, particularly to preserve his independence and avoid pain and disability; restraint by trained staff is authorised as necessary to facilitate safe administration of...

Source-derived case information.

Parties
Applicant: Manchester University NHS Foundation Trust; First Respondent: Mr Y; Second Respondent: Greater Manchester Mental Health NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Serious Medical Treatment Application Under Mental Capacity Act 2005 / Final Judgment
Outcome
Relief sought granted; declarations and orders made as requested.
Legal Topics
Capacity to Consent to Medical Treatment, Best Interests, Use of Restraint, Reporting Restrictions, Paranoid Schizophrenia
Mental Capacity Health Law Human Rights Capacity to Consent to Medical Treatment Best Interests Use of Restraint Reporting Restrictions Paranoid Schizophrenia

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Parties

Manchester University NHS Foundation Trust

Applicant

Mr Y

First Respondent

Greater Manchester Mental Health NHS Foundation Trust

Second Respondent

Procedural Posture

Serious Medical Treatment Application Under Mental Capacity Act 2005 / Final Judgment

Legal Issues

  1. 1 Whether Mr Y has capacity to consent to surgery for his fractured and dislocated left shoulder
  2. 2 If lacking capacity, whether surgery is in Mr Y's best interests
  3. 3 Whether restraint should be authorised to facilitate surgery

Ratio Decidendi

Mr Y lacks capacity to consent to surgery due to delusional beliefs caused by Paranoid Schizophrenia; surgery is overwhelmingly in his best interests, particularly to preserve his independence and avoid pain and disability; restraint by trained staff is authorised as necessary to facilitate safe administration of anaesthesia.

Court Disposition

Relief sought granted; declarations and orders made as requested.

Orders

  • Declaration that Mr Y lacks capacity to consent to surgery for his fractured and dislocated left shoulder.
  • Order that surgery (open reduction and internal fixation) is in Mr Y's best interests.