England and Wales Case Law

BHO, R (on the application of) v Secretary of State for Health and Social Care & Anor

The grant of new residence status under Article 18.1 WA confers Title II Part 2 WA rights prospectively, not retrospectively; Late Beneficiaries' pre-application residence is not rendered lawful under the WA. The indirect discrimination in NHS charging is justified by the legitimate aim of promoting and ensuring the integrity of the UK's constitutive scheme under Article 18.1 WA.

Source excerpt

• Withdrawal agreement
• Nhs charging regulations
• Equal treatment
• Indirect discrimination
• Constitutive vs declaratory schemes
• Retrospective effect

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NHS South East London Integrated Care Board v JP & Ors

It is not in JP's best interests to continue to receive clinically-assisted nutrition and hydration (CANH). The treatment is futile, burdensome, and inconsistent with JP's values and wishes as reliably ascertained from his children and late partner. The medical evidence is clear that JP is in a permanent vegetative state with no prospect of recovery, and continued CANH would only prolong his current condition without benefit. The court is satisfied that withdrawal of CANH is lawful and appropriate.

Source excerpt

• Withdrawal of clinically-assisted nutrition and hydration (canh)
• Best interests decision
• Prolonged disorder of consciousness (pdoc)
• Permanent vegetative state (pvs)
• Human dignity

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NHS South East London Integrated Care Board v JP & Ors

NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 (T3) (24 January 2025)

Court of Protection decision holding that continued CANH for JP was not in his best interests and should be withdrawn.

• Best interests
• Withdrawal of clinically-assisted nutrition and hydration (canh)
• Prolonged disorder of consciousness (pdoc)
• Permanent vegetative state (pvs)
• End-of-life care
• Human dignity

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An NHS Foundation Trust v Kwame & Ors

The court held that continuing mechanical ventilation was not in Kwame’s best interests and permitted withdrawal and palliative care.

• Withdrawal of life sustaining treatment
• Best interests of child
• Medical ethics
• Parental views
• Human dignity
• Withdrawal-of-life-sustaining-treatment

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H (A Child)

H (A Child) [2022] EWFC 14 (04 March 2022)

The court granted declarations permitting withdrawal of ventilation and no CPR for an infant with devastating irreversible hypoxic brain injury.

• Withdrawal of life-sustaining treatment
• Best interests of child
• Parental consent
• Medical futility
• Human dignity
• Withdrawal-of-life-sustaining-treatment

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A Clinical Commissioning Group v P (Withdrawal of CANH)

The Court of Protection held that P lacked capacity to decide about clinically assisted nutrition and hydration and that withdrawal was in her best interests.

• Withdrawal of clinically assisted nutrition and hydration (canh)
• Best interests
• Mental capacity
• Sanctity of life
• Human dignity
• Clinically-assisted-nutrition-and-hydration

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