RAO v ROO & Anor

RAO v ROO & Anor

The court found that ROO suffers from irreversible, severe, progressive vascular dementia, that all appropriate investigations have been undertaken, and that artificial nutrition would provide no benefit and carries significant risks. There is no medical or legal justification for further investigation or artificial nutrition. ROO’s best interests are served by supportive oral nutrition and transfer to a nursing home. The orders sought by RAO are refused as not being in ROO’s best interests.

Parties
Applicant: RAO; 1st Respondent: ROO (by her Litigation Friend the Official Solicitor); 2nd Respondent: Royal Devon and Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
25 October 2018
Procedural Posture
Court of Protection Welfare Application / Final Judgment After Expedited Hearing
Outcome
Application refused
Legal Topics
Best Interests, Withdrawal of Artificial Nutrition, Medical Treatment of Incapacitated Adults, Palliative Care, Capacity Assessment
Mental Capacity Law Health Law Best Interests Withdrawal of Artificial Nutrition Medical Treatment of Incapacitated Adults Palliative Care Capacity Assessment

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Parties

RAO

Applicant

ROO (by her Litigation Friend the Official Solicitor)

1st Respondent

Royal Devon and Exeter NHS Foundation Trust

2nd Respondent

Procedural Posture

Court of Protection Welfare Application / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether it is in ROO’s best interests to be discharged from hospital in her present condition
  2. 2 Whether it is in ROO’s best interests to be taken off palliative care until there has been a full investigation and definitive diagnosis of the cause of her deterioration since 2012
  3. 3 Whether it is in ROO’s best interests to be given artificial feeding by way of TPN nutrition until she can eat enough to keep herself alive

Ratio Decidendi

The court found that ROO suffers from irreversible, severe, progressive vascular dementia, that all appropriate investigations have been undertaken, and that artificial nutrition would provide no benefit and carries significant risks. There is no medical or legal justification for further investigation or artificial nutrition. ROO’s best interests are served by supportive oral nutrition and transfer to a nursing home. The orders sought by RAO are refused as not being in ROO’s best interests.

Court Disposition

Application refused

Orders

  • Refusal to order that ROO remain in hospital in her present condition
  • Refusal to order that ROO be taken off palliative care until further investigation