NHS Cumbria CCG v Rushton

Mrs Rushton's Advance Decision is valid and applicable to the withdrawal of CANH, and her current condition and prognosis, together with her clearly expressed wishes, mean that continued CANH is not in her best interests. The care plan for withdrawal and hospice care is endorsed.

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 / 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

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Parties

NHS Cumbria CCG

Applicant

Mrs Jillian Rushton

1st Respondent

Mr Tim Rushton

2nd Respondent

Procedural Posture

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

Legal Issues

1 Whether Mrs Rushton's Advance Decision is valid and applicable to 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

Clinically assisted nutrition and hydration to be withdrawn from Mrs Rushton in accordance with the endorsed care plan.
Mrs Rushton to be transferred to hospice care for end-of-life support.