Serious Medical Treatment, Guidance
Applications to the Court of Protection are required for medical treatment decisions where there is disagreement, finely balanced judgment, life-sustaining treatment, serious interference with ECHR rights, or deprivation of liberty beyond statutory parameters. Providers and commissioners are responsible for bringing such applications and must follow prescribed procedural steps.
- Jurisdiction
- England and Wales
- Judgment Date
- 17 January 2020
- Procedural Posture
- Practice Guidance / Guidance Issued
- Outcome
- guidance issued
- Legal Topics
- Medical Treatment Decisions, Court of Protection Applications, Best Interests, Deprivation of Liberty, Urgent Hearings
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Practice Guidance / Guidance Issued
Legal Issues
- 1 When is an application to the Court of Protection required for medical treatment decisions for persons lacking capacity?
- 2 What procedural steps must be followed in such applications?
- 3 What are the roles and responsibilities of parties involved in medical treatment applications?
Ratio Decidendi
Applications to the Court of Protection are required for medical treatment decisions where there is disagreement, finely balanced judgment, life-sustaining treatment, serious interference with ECHR rights, or deprivation of liberty beyond statutory parameters. Providers and commissioners are responsible for bringing such applications and must follow prescribed procedural steps.
Court Disposition
guidance issued
Orders
- Providers and commissioners must consider court applications in specified circumstances.
- Procedural steps for applications are set out and must be followed.
Full Case Text
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