Royal Free NHS Foundation Trust v AB
AB lacks capacity to consent to a Caesarean Section, regulate diabetic medication, and monitor food and water intake due to her psychotic illness and metabolic instability. It is in her best interests for the Trust to undertake a Caesarean Section, administer diabetic medication, and provide intravenous nutrition. Sedation is lawful, but there is insufficient evidence to justify the use of force.
- Parties
- Applicant: Royal Free NHS Foundation Trust; Respondent: AB; Litigation Friend: Official Solicitor
- Jurisdiction
- England and Wales
- Judgment Date
- 31 January 2014
- Procedural Posture
- Application / Judgment
- Outcome
- Declarations granted
- Legal Topics
- Capacity to Consent, Best Interests, Use of Force in Medical Treatment, Sedation, Diabetic Management, Caesarean Section
Case Brief
Summary, issues, holding and outcome
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Parties
Royal Free NHS Foundation Trust
Applicant
AB
Respondent
Official Solicitor
Litigation Friend
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether AB lacks capacity to consent to medical treatment including Caesarean Section
- 2 Whether AB lacks capacity to monitor and regulate her own intake of food and drink
- 3 Whether AB lacks capacity to decide whether to comply with her regime of diabetic medication
Ratio Decidendi
AB lacks capacity to consent to a Caesarean Section, regulate diabetic medication, and monitor food and water intake due to her psychotic illness and metabolic instability. It is in her best interests for the Trust to undertake a Caesarean Section, administer diabetic medication, and provide intravenous nutrition. Sedation is lawful, but there is insufficient evidence to justify the use of force.
Court Disposition
Declarations granted
Orders
- Declaration that AB lacks capacity to consent to a Caesarean Section
- Declaration that AB lacks capacity to regulate diabetic medication
Full Case Text
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