RAO v ROO & Anor [2018] EWCOP 33 (25 October 2018)

RAO v ROO & Anor [2018] EWCOP 33 (25 October 2018)

ROO lacks capacity to make decisions about her care and treatment. The medical evidence establishes that her condition is irreversible, progressive vascular dementia with no reversible comorbidity. Artificial nutrition would not improve her prognosis, quality of life, or life expectancy, and carries significant risks. There is no benefit to further neurological investigation. The best interests assessment, considering medical, ethical, and personal factors, supports the decision not to provide artificial nutrition or further investigation.

Citation
[2018] EWCOP 33
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 Application Under the Mental Capacity Act 2005 / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Best Interests Determination, Withdrawal or Withholding of Life Sustaining Treatment, Capacity Assessment, Artificial Nutrition and Hydration, End of Life Care
Mental Capacity Law Health Law Human Rights Best Interests Determination Withdrawal or Withholding of Life Sustaining Treatment Capacity Assessment Artificial Nutrition and Hydration End of Life Care

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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 Application Under the Mental Capacity Act 2005 / Final Hearing and Judgment

Legal Issues

  1. 1 Whether ROO lacks capacity to make decisions about her care and treatment
  2. 2 Whether it is in ROO's best interests to receive artificial nutrition by intravenous means
  3. 3 Whether further neurological investigation is required

Ratio Decidendi

ROO lacks capacity to make decisions about her care and treatment. The medical evidence establishes that her condition is irreversible, progressive vascular dementia with no reversible comorbidity. Artificial nutrition would not improve her prognosis, quality of life, or life expectancy, and carries significant risks. There is no benefit to further neurological investigation. The best interests assessment, considering medical, ethical, and personal factors, supports the decision not to provide artificial nutrition or further investigation.

Court Disposition

Application dismissed

Orders

  • Declaration that ROO lacks capacity to make decisions about her care and treatment
  • Declaration that it is not in ROO's best interests to receive artificial nutrition by intravenous means