Nottingham University Hospitals NHS Trust v JM & Anor

Nottingham University Hospitals NHS Trust v JM & Anor

It is not in JM's best interests to compel dialysis or use restraint to insert a dialysis line against his will. Forced treatment would compromise his dignity, cause significant distress, and is not justified given his consistent opposition and lack of capacity. The court authorises a palliative approach, with...

Source-derived case information.

Parties
Applicant: Nottingham University Hospitals NHS Trust; First Respondent (by His Litigation Friend, the Official Solicitor): JM; Second Respondent: Nottingham City Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Serious Medical Treatment Application (court of Protection) / Final Judgment on Urgent Application
Outcome
Application granted. It is lawful to withhold dialysis and not to use restraint; palliative care authorised.
Legal Topics
Best Interests Decision Making, Withholding Life Sustaining Treatment, Use of Restraint in Medical Treatment, Autonomy and Dignity of Incapacitous Persons
Mental Capacity Law Medical Law Best Interests Decision Making Withholding Life Sustaining Treatment Use of Restraint in Medical Treatment Autonomy and Dignity of Incapacitous Persons

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Summary, issues, holding and outcome

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Parties

Nottingham University Hospitals NHS Trust

Applicant

JM

First Respondent (by His Litigation Friend, the Official Solicitor)

Nottingham City Council

Second Respondent

Procedural Posture

Serious Medical Treatment Application (court of Protection) / Final Judgment on Urgent Application

Legal Issues

  1. 1 Whether it is in JM's best interests to receive life-sustaining dialysis against his will
  2. 2 Whether restraint should be used to compel dialysis or insertion of a dialysis line
  3. 3 How JM's autonomy and dignity should be respected in light of his lack of capacity

Ratio Decidendi

It is not in JM's best interests to compel dialysis or use restraint to insert a dialysis line against his will. Forced treatment would compromise his dignity, cause significant distress, and is not justified given his consistent opposition and lack of capacity. The court authorises a palliative approach, with dialysis to be offered only if JM positively agrees.

Court Disposition

Application granted. It is lawful to withhold dialysis and not to use restraint; palliative care authorised.

Orders

  • No chemical or physical restraint to be used to compel dialysis or insertion of a dialysis line.
  • Dialysis and line insertion to be offered only if JM positively agrees.