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England and Wales Case Law

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Mental capacity law

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.

  • 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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Mental capacity law [2025] EWCOP 4

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Court of Protection decision holding that continued CANH for JP was not in his best interests and should be withdrawn.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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Mental capacity law [2018] EWCOP 11

NHS Windsor And Maidenhead Clinical Commissioning Group v SP (Withdrawal of CANH)

NHS Windsor And Maidenhead Clinical Commissioning Group v SP (Withdrawal of CANH) [2018] EWCOP 11 (20 April 2018)

The Court of Protection held that continued clinically assisted nutrition and hydration was not in SP’s best interests and ordered its withdrawal with palliative care.

  • Withdrawal of clinically assisted nutrition and hydration (canh)
  • Best interests
  • Permanent vegetative state (pvs)
  • Court of protection procedure
  • Withdrawal-of-canh
  • Best-interests
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