QJ v A Local Authority & Anor [2020] EWCOP 7 (29 January 2020)

QJ v A Local Authority & Anor [2020] EWCOP 7 (29 January 2020)

The presumption of capacity has not been rebutted on the balance of probabilities; QJ is capacitous to make decisions regarding his nutrition, hydration, and medical treatment.

Citation
[2020] EWCOP 7
Parties
Applicant: QJ; 1st Respondent: A Local Authority; 2nd Respondent: An NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 January 2020
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Multiple Hearings and Expert Evidence on Capacity
Outcome
Application dismissed; QJ found to have capacity for the relevant decisions.
Legal Topics
Capacity Assessment, Medical Treatment Decisions, Dementia and Capacity, Best Interests, Autonomy
Mental Capacity Law Health Law Capacity Assessment Medical Treatment Decisions Dementia and Capacity Best Interests Autonomy

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Parties

QJ

Applicant

A Local Authority

1st Respondent

An NHS Trust

2nd Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Multiple Hearings and Expert Evidence on Capacity

Legal Issues

  1. 1 Whether QJ has capacity to make decisions regarding nutrition, hydration, medical treatment, and hospital admission

Ratio Decidendi

The presumption of capacity has not been rebutted on the balance of probabilities; QJ is capacitous to make decisions regarding his nutrition, hydration, and medical treatment.

Court Disposition

Application dismissed; QJ found to have capacity for the relevant decisions.

Orders

  • No best interests decision required; QJ's wishes regarding nutrition, hydration, and medical treatment to be respected.
  • Treatment plan to include Fortisip administration, regular weighing, review of discharge to care home, and no readmission if QJ refuses food or water post-discharge.