Y NHS Foundation Trust v AN & Anor

The court found that AN's welfare required immediate inpatient treatment due to the serious and imminent risk to her life and health if treatment was delayed or administered at home. Despite her age and wishes, the balance of her best interests dictated intervention to authorise her admission and treatment in hospital.

Parties: Applicant: Y NHS Foundation Trust; First Respondent: AN; Second Respondent: BN
Jurisdiction: England and Wales
Judgment Date: 23 November 2024
Procedural Posture: Inherent Jurisdiction (medical Treatment for Minor) / Interim Application for Medical Treatment Order
Outcome: Application granted
Legal Topics: Inherent Jurisdiction, Medical Treatment of Minors, Capacity and Consent, Welfare of the Child

Family Law Medical Law Children Law Inherent Jurisdiction Medical Treatment of Minors Capacity and Consent Welfare of the Child

Case Brief

Summary, issues, holding and outcome

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Parties

Y NHS Foundation Trust

Applicant

First Respondent

Second Respondent

Procedural Posture

Inherent Jurisdiction (medical Treatment for Minor) / Interim Application for Medical Treatment Order

Legal Issues

1 Whether the court should exercise its inherent jurisdiction to authorise inpatient medical treatment for a 16-year-old minor against her wishes
2 Whether the minor has capacity to refuse or delay treatment
3 How to balance the minor's autonomy with her welfare and best interests

Ratio Decidendi

Court Disposition

Application granted

Orders

AN to remain in hospital for commencement of inpatient treatment as recommended by her doctors
Matter to be reviewed at a further hearing on 14 February 2024 with up-to-date evidence