England and Wales Case Law

Patricia’s Father & Ors v Patricia (by her litigation friend, the Official Solicitor) & Ors

The court determined that further adjournment would not serve Patricia's best interests, as uncertainty was causing distress and preventing progress. Decisions on both issues—whether to revisit the 2023 orders and whether to discharge them—must be made now to resolve Patricia's future, despite risks of distress or reduced caloric intake. The court declined to adjourn and will proceed to decide both substantive issues.

Source excerpt

• Capacity
• Best interests
• Forced medical treatment
• Case management
• Court of protection
• Anorexia nervosa

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Patricia's Father & Ors v Patricia & Ors (Rev1)

Patricia's Father & Ors v Patricia & Ors (Rev1) [2025] EWCOP 30 (T3) (31 July 2025)

Court of Protection refused to discharge 2023 best-interests orders concerning Patricia’s anorexia treatment, leaving the prior restrictions in place.

• Best interests
• Medical treatment refusal
• Compulsory treatment
• Reconsideration of prior orders
• Anorexia nervosa
• Autonomy

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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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Patricia's Father & Ors v Patricia (by her litigation friend, the Official Solicitor) & Ors

The court found that Patricia's condition had deteriorated since the 2023 orders, the autonomy granted by the previous order placed an impossible burden on her, and without lifting the order she could not access life-saving treatment options available to other patients. The balance of imminent risk of death versus psychological harm favoured lifting the order, allowing clinicians to determine appropriate treatment.

Source excerpt

• Best interests
• Revisiting court orders
• Compulsory treatment
• Autonomy
• Anorexia nervosa
• Mental health act

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Z NHS Foundation Trust & Anor v Patricia & Ors

Given Patricia's recent voluntary increase in calorie intake, her clear and consistent opposition to forced feeding, the lack of evidence that compulsion would be effective, and the absence of a risk assessment on the consequences of restraint, it is not in her best interests at this time to authorise nasogastric feeding under restraint. The court will not compel treatment but urges Patricia to consider consenting to nasogastric feeding if her condition deteriorates further.

Source excerpt

• Capacity to consent to medical treatment
• Best interests
• Forced medical treatment
• Anorexia nervosa
• Reporting restrictions
• Article 3 echr

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Z NHS Foundation Trust & Anor v Patricia & Ors

Patricia currently lacks capacity to make decisions regarding her medical treatment due to the controlling influence of her anorexia nervosa, which prevents her from using and weighing relevant information, despite her articulate participation in proceedings and some recent improvements. The Court of Protection therefore retains jurisdiction.

Source excerpt

• Capacity to consent to medical treatment
• Anorexia nervosa
• Jurisdiction of court of protection
• Best interests decision-making

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North East London NHS Foundation Trust v Beatrice (by her litigation friend the Official Solicitor) & Anor

Beatrice lacks capacity to make decisions about her nutrition and hydration because her anorexia nervosa entirely removes her ability to weigh the relevant information. For the same reason, she lacks capacity to conduct litigation regarding her care and treatment. The court therefore grants the declarations sought by the applicant.

Source excerpt

• Mental capacity
• Best interests
• Anorexia nervosa
• Litigation capacity
• Reporting restrictions

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Patricia, In the Matter Of

Patricia, In the Matter Of [2023] EWCOP 42 (15 May 2023)

The Court of Protection held that Patricia currently lacked capacity to decide on her medical treatment due to anorexia nervosa, while retaining jurisdiction.

• Capacity to make medical decisions
• Anorexia nervosa
• Jurisdiction of court of protection
• Autonomy vs best interests
• Capacity-to-make-medical-decisions
• Anorexia-nervosa

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Z NHS Foundation Trust & Anor v Patricia & Ors

Z NHS Foundation Trust & Anor v Patricia & Ors [2023] EWCOP 41 (09 May 2023)

The Court of Protection declined at this stage to authorise nasogastric feeding under restraint, preferring continued voluntary intake and further review.

• Best interests
• Capacity to consent to treatment
• Forced medical treatment
• Article 3 echr
• Article 8 echr
• Anorexia nervosa

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A Mental Health Trust v ER & Anor

The Court of Protection held that ER lacked capacity to decide on anorexia treatment and litigation, but should not be forced into inpatient treatment.

• Mental capacity
• Best interests
• Medical treatment
• Anorexia nervosa
• Capacity-law
• Best-interests

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