Wye Valley NHS Trust v B (Rev 1)

Wye Valley NHS Trust v B (Rev 1)

Enforced amputation would not be in Mr B's best interests, as his strongly expressed wishes, feelings, and religious beliefs are integral to his identity and outweigh the presumption in favour of life, especially given the traumatic and uncertain future that would follow the operation.

Parties
Applicant: Wye Valley NHS Trust; Respondent: Mr B; Litigation Friend: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
28 September 2015
Procedural Posture
Application / Judgment
Outcome
Application dismissed
Legal Topics
Best Interests, Capacity Assessment, Right to Life, Religious Beliefs in Medical Decisions, Consent to Medical Treatment
Mental Capacity Medical Law Human Rights Best Interests Capacity Assessment Right to Life Religious Beliefs in Medical Decisions Consent to Medical Treatment

Case Brief

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Parties

Wye Valley NHS Trust

Applicant

Mr B

Respondent

Official Solicitor

Litigation Friend

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether it is lawful to amputate Mr B's foot against his wishes to save his life
  2. 2 Whether enforced amputation is in Mr B's best interests given his lack of capacity

Ratio Decidendi

Enforced amputation would not be in Mr B's best interests, as his strongly expressed wishes, feelings, and religious beliefs are integral to his identity and outweigh the presumption in favour of life, especially given the traumatic and uncertain future that would follow the operation.

Court Disposition

Application dismissed

Orders

  • Enforced amputation of Mr B's foot is not permitted against his wishes.
  • Reporting restriction order remains in place to protect Mr B's identity, hospital, and staff.