Health Service Executive v Ms. A (Approved) [2021] IEHC 836 (20 December 2021)

Health Service Executive v Ms. A (Approved) [2021] IEHC 836 (20 December 2021)

It is in Ms. A's best interests that no further coercive treatment (including involuntary admission or naso-gastric feeding) be provided for her anorexia nervosa, given the lack of enduring benefit, significant distress, and the adverse impact on her rights to bodily integrity, autonomy, and dignity. Treatment...

Source-derived case information.

Citation
[2021] IEHC 836
Parties
Applicant: Health Service Executive; Respondent / Ward of Court: Ms. A
Jurisdiction
Ireland
Judgment Date
20 December 2021
Procedural Posture
Wardship / Medical Treatment / Application for Variation of Orders Regarding Coercive Treatment
Outcome
Orders granted as sought by the HSE; no further coercive treatment to be provided unless Ms. A is agreeable and it is in her best interests.
Legal Topics
Wardship, Capacity, Best Interests, Coercive Medical Treatment, Right to Life, Bodily Integrity, Autonomy
Health Law Mental Health Law Constitutional Law Wardship Capacity Best Interests Coercive Medical Treatment Right to Life +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Health Service Executive

Applicant

Ms. A

Respondent / Ward of Court

Procedural Posture

Wardship / Medical Treatment / Application for Variation of Orders Regarding Coercive Treatment

Legal Issues

  1. 1 Whether it is in Ms. A's best interests to continue coercive medical treatment for severe anorexia nervosa
  2. 2 Whether substituted consent should be given for coercive treatment where the ward lacks capacity
  3. 3 Application of constitutional rights (life, bodily integrity, autonomy, dignity) in the context of life-sustaining treatment

Ratio Decidendi

It is in Ms. A's best interests that no further coercive treatment (including involuntary admission or naso-gastric feeding) be provided for her anorexia nervosa, given the lack of enduring benefit, significant distress, and the adverse impact on her rights to bodily integrity, autonomy, and dignity. Treatment should only be provided if considered in her best interests by her treating team and if she is agreeable.

Court Disposition

Orders granted as sought by the HSE; no further coercive treatment to be provided unless Ms. A is agreeable and it is in her best interests.

Orders

  • Care, therapeutic services, and medical/psychiatric treatment (including naso-gastric feeding) may be provided only if considered in Ms. A's best interests by the treating practitioner and if Ms. A is agreeable.
  • No further coercive treatment or involuntary admission to be provided for Ms. A's eating disorder.