NHS Cumbria CCG v Rushton [2018] EWCOP 41 (21 December 2018)

Mrs Rushton's advance decision was valid and applicable to the withdrawal of CANH, and in light of her wishes, medical evidence, and best interests, it is lawful and appropriate to withdraw CANH and implement a palliative care plan.

Citation: [2018] EWCOP 41
Parties: Applicant: NHS Cumbria CCG; 1st Respondent: Mrs Jillian Rushton; 2nd Respondent: Mr Tim Rushton
Jurisdiction: England and Wales
Judgment Date: 21 December 2018
Procedural Posture: Court of Protection Application / Final Judgment on Application for Withdrawal of Clinically Assisted Nutrition and Hydration
Outcome: Application granted
Legal Topics: Advance Decisions, Withdrawal of Life Sustaining Treatment, Best Interests, Persistent Vegetative State, Mental Capacity Act 2005

Mental Capacity Law Medical Law Advance Decisions Withdrawal of Life Sustaining Treatment Best Interests Persistent Vegetative State Mental Capacity Act 2005

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2

Parties

NHS Cumbria CCG

Applicant

Mrs Jillian Rushton

1st Respondent

Mr Tim Rushton

2nd Respondent

Procedural Posture

Court of Protection Application / Final Judgment on Application for Withdrawal of Clinically Assisted Nutrition and Hydration

Legal Issues

1 Whether Mrs Rushton's advance decision to refuse treatment is valid and applicable to the withdrawal of clinically assisted nutrition and hydration (CANH)
2 Whether withdrawal of CANH is in Mrs Rushton's best interests

Ratio Decidendi

Court Disposition

Application granted

Orders

Withdrawal of clinically assisted nutrition and hydration from Mrs Rushton is lawful and in her best interests.
Mrs Rushton to be transferred to a hospice for palliative care in accordance with the endorsed care plan.