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England and Wales Case Law

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Mental capacity

St George's University Hospitals NHS Foundation Trust v ZT & Anor

ZT lacks capacity to consent to treatment due to treatment-resistant paranoid schizophrenia. TLH BSO is the only definitive, life-preserving treatment for atypical endometrial hyperplasia. Despite ZT’s strong wish to retain fertility and risk of psychiatric harm, the balance of burdens and benefits tips in favour of surgery as there is no other curative option. Declaration for surgery is lawful and in ZT’s best interests.

Source excerpt

  • Best interests
  • Capacity assessment
  • Medical treatment
  • Endometrial hyperplasia
  • Psychiatric risk
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Mental capacity

Royal Free NHS Foundation Trust v EF & Ors

The Court of Protection held that EF should move to supported living so he can receive regular dialysis and medication, with his liberty deprived at the new placement.

  • Best interests
  • Deprivation of liberty
  • Medical treatment
  • Residence and care
  • Family life
  • Best-interests
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Mental capacity

King’s College Hospital NHS Foundation Trust v LE (by her litigation friend the Official Solicitor) (Serious Medical Treatment)

LE lacks capacity to make decisions regarding her medical treatment due to her schizophrenia and inability to use and weigh relevant information. The proposed surgical amputation and reconstruction is in LE’s best interests as it significantly reduces the risk of infection, sepsis, pain escalation, and death, and enables recovery and continued involvement with her family. Conservative management is clinically unsafe and contrary to LE’s welfare.

Source excerpt

  • Best interests
  • Medical treatment
  • Capacity assessment
  • Deprivation of liberty
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Mental capacity [2025] EWCOP 44

Powys Teaching Health Board & Anor v NT & Anor

Powys Teaching Health Board & Anor v NT & Anor [2025] EWCOP 44 (T3) (01 December 2025)

The Court of Protection held that NT lacked capacity to consent to TURBT and approved the bladder tumour resection as being in his best interests.

  • Best interests
  • Medical treatment
  • Capacity assessment
  • Delay in proceedings
  • Capacity-assessment
  • Best-interests
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Mental capacity

RS (Best Interests: Surgery and Intensive Care), Re

It is in RS's best interests to undergo the proposed surgery and intensive post-operative care, as the benefits of extended life expectancy and improved quality of life outweigh the significant risks and burdens, and there is no viable alternative treatment.

Source excerpt

  • Best interests
  • Medical treatment
  • Surgery
  • Intensive care
  • Capacity assessment
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Mental capacity law [2025] EWCOP 29

Patricia's Father & Ors v Patricia & Ors (Re Case Management)

Patricia's Father & Ors v Patricia & Ors (Re Case Management) [2025] EWCOP 29 (T3) (09 July 2025)

The Court of Protection refused to adjourn Patricia’s case, deciding to make both the jurisdictional and substantive decisions now despite a wait for a SEDU bed.

  • Best interests
  • Medical treatment
  • Anorexia nervosa
  • Capacity
  • Case management
  • Forced treatment
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Family law

C (A Child) (Life-saving Medical Treatment), Re

The court found that a liver transplant is very clearly in C's best interests, given the unanimous medical evidence, the high chance of survival, and the presumption in favour of life. The burdens and risks do not outweigh the benefits of continued life, and parental religious beliefs and concerns, while respected, are not determinative.

Source excerpt

  • Best interests of the child
  • Medical treatment
  • Parental responsibility
  • Religious beliefs in medical decisions
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Mental capacity law

A (Covert Medication: Residence), Re

It is in A’s best interests to return home to her mother’s care, for covert medication to cease, and for A to be informed that she has been covertly administered HRT and that it has benefited her health. The continued deprivation of A’s liberty, covert medication, and separation from her mother are not justified by the remaining medical benefits of HRT, given the risks, infringements of autonomy, and the likelihood that covert medication cannot be sustained. The best interests assessment requires a less restrictive approach, prioritising A’s wishes, family life, and autonomy, with protective…

Source excerpt

  • Best interests
  • Covert medication
  • Deprivation of liberty
  • Residence
  • Medical treatment
  • Autonomy
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.