R (Serious Medical Treatment), Re

R (Serious Medical Treatment), Re

Given R's lack of capacity, the incurable nature of the tumour, the significant risks and burdens of treatment, the likelihood of non-compliance, and the adverse impact on his mental health, it is in R's best interests to withhold surgery, radiotherapy, and chemotherapy and to provide palliative care only.

Parties
Applicant: The Acute Trust; First Respondent: R (by his Litigation Friend, the Official Solicitor); Second Respondent: The Mental Health Trust
Jurisdiction
England and Wales
Judgment Date
14 December 2016
Procedural Posture
Application for Declaration (court of Protection) / Judgment
Outcome
Declaration granted; application allowed.
Legal Topics
Best Interests, Withholding Life Sustaining Treatment, Mental Incapacity, Palliative Care
Mental Capacity Law Medical Law Best Interests Withholding Life Sustaining Treatment Mental Incapacity Palliative Care

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Parties

The Acute Trust

Applicant

R (by his Litigation Friend, the Official Solicitor)

First Respondent

The Mental Health Trust

Second Respondent

Procedural Posture

Application for Declaration (court of Protection) / Judgment

Legal Issues

  1. 1 Whether it is lawful and in R's best interests to withhold surgery, radiotherapy, and chemotherapy for an incurable brain tumour and provide palliative care only
  2. 2 Whether R lacks capacity to make decisions regarding his medical treatment

Ratio Decidendi

Given R's lack of capacity, the incurable nature of the tumour, the significant risks and burdens of treatment, the likelihood of non-compliance, and the adverse impact on his mental health, it is in R's best interests to withhold surgery, radiotherapy, and chemotherapy and to provide palliative care only.

Court Disposition

Declaration granted; application allowed.

Orders

  • Declaration that R lacks capacity to conduct proceedings and make decisions about his medical treatment for his brain tumour.
  • Declaration that it is lawful and in R's best interests not to undergo surgery and/or radiotherapy and/or chemotherapy and to be provided with palliative care only.