The following guidance is for PCTs, local authorities, hospitals and care homes to support them understand and fulfill their statutory obligations under the Mental Capacity Act Deprivation of Liberty Safeguards legislation.
The issue in this case is not uncommon. P is an adult who has an unresolved medical condition, in this case epilepsy. His primary carer, however well motivated, does not accept the diagnosis nor the treatment proposals. P may object to treatment (whether his own view or prompted by his carer). In order to determine what is in P's best interests, since he cannot decide for himself, it is necessary to observe him, and not to rely upon what is relayed about his condition by his carer. To that end, a period in hospital for assessment and treatment is necessary.
The 30-year-old, known only as SB, could die without emergency treatment for aplastic anemia, a condition in which her bone marrow does not reproduce enough new blood cells. The Court of Protection has now ruled that doctors can restrain SB and force her to undergo the arduous but potentially life-saving treatment, which is administered through a vein in the heart and lasts for five days. SB has been detained under the Mental Health Act. Family Division judge Mrs Justice Hogg ruled that the patient did not have the capacity to make up her own mind over whether to undergo the treatment.
A high court judge in England has ordered that doctors can force a woman without the capacity to decide for herself to have lifesaving treatment for aplastic anaemia. Mrs Justice Hogg made the ruling in the Court of Protection after an unnamed NHS trust applied to the court with the backing of the Official Solicitor, who looks after the interests of those lacking capacity. The judge said the 30 year old woman, named only as SB, who is detained under the Mental Health Act, has a serious psychiatric disorder and lacks the capacity to decide for herself whether or not to have the potentially lifesaving treatment.
This is an application by a NHS Trust for declaratory relief in respect of a man (whom I shall call "Dr. A") who is on hunger strike in the Trust hospital. The relief sought by the Trust is in short a declaration : (i) that he lacks capacity to litigate and to make decisions in respect of his nutrition and hydration; and (ii) that it is lawful for the Trust to administer artificial nutrition and hydration.
Judge approves forced Caesarean for mentally-ill woman Doctors have been granted permission to perform an urgent Caesarean section on a mentally-ill woman with diabetes. High Court judge Mr Justice Hayden gave specialists at the Royal Free London NHS Trust approval after a five-hour hearing at the Court of Protection. He said the decision was "draconian" but necessary because the mother's life may be in danger. The woman, 32, who is 32 weeks pregnant, was deemed unable to make the decision over how to give birth. The ruling, late on Friday, came after doctors applied for permission to carry out the delivery in order that the patient's "unstable mental state" could be treated. A specialist from the trust told the Court of Protection in London, which specialises in issues relating to the sick and vulnerable, that their priority was "keeping this woman alive".