An NHS Trust v J
2014
COURT OF PROTECTION
United Kingdom
CORAM
- THE HONOURABLE MR JUSTICE BODEY
Areas of Law
- Health Law
- Human Rights Law
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
The case involved an elderly lady, Mrs J, with mental health issues and cancer who resisted medical treatment. The NHS Trust sought court declarations on her capacity and best interest for treatment. The court, noting her lack of capacity and considering medical assessments, declared it in her best interests to undergo the proposed investigations and treatment.
JUDGMENT
MR JUSTICE BODEY
This Judgment was delivered in private. Permission is given to report it in this anonymised form, but nothing is to be reported nor disclosed which may disclose the identity of Mrs J, or her family, or where she lives. Any breach of these requirements would be a contempt of Court.
This application concerns an elderly lady of 79 years whom I shall call “Mrs J”. She has longstanding mental health problems and now also cancer. Many professionals concerned for her welfare have with much care and diligence come to the view that it is in her best interests for her to have investigations and to receive treatment; but she is resistant and, in spite of all professional efforts and advice, not willing to consent. Accordingly, on 3 rd July 2014, the relevant NHS Trust issued a notice of application in the Court of Protection seeking declarations: (1) that Mrs J lacks capacity to litigate in these proceedings; (2) that she lacks capacity to take decisions about the proposed medical investigations and treatment; and (3) that it is in her best interests to have those investigations and treatment.
The application came before Holman J on 11 th July 2014 when, having been informed that the Official Solicitor had consented to act as Mrs J’s Litigation Friend, he gave the Official Solicitor permission to instruct an independent consultant psychiatrist. He set the application down before me with a time estimate of two hours this week. He further gave permission to Mrs J’s son, whom I shall call “Mr J” and who is in his 50s, and to her two adult daughters, to file Position Statements prior to the hearing. He (Holman J) invited them quite strongly to attend at this hearing whether or not they had filed such Position Statements.
The representation before me has been by Mr Fullwood of Counsel for the NHS Trust concerned and Mr Hallin of Counsel for the Official Solicitor representing Mrs J. Mr J has not attended, although he has given his views on a number of occasions, including to the Official Solicitor’s representative on 16 th July 2014, of which there is an attendance note, and in an email of 17 th July 2014. I have also read a letter by him dated 15 th April 2014 to Dr Stephenson (Consultant Plastic Surgeon Reconstructive and Burns Surgeon) setting out his views. On 21 st July 2014 he (Mr J) left a voice message with the Official Solicitor’s representative to say that he would not be attending at this hearing. Neither of Mrs J’s adult daughter