Surgery for scoliosis when P indicates he doesn’t want it

By Celia Kitzinger, 8th August 2022 A 19-year-old man has severe scoliosis.  The Great Ormond Street Hospital for Children NHS Foundation Trust seeks a declaration that it is lawful and in his best interests to undergo spinal surgery (with any deprivation of liberty that may entail). This is not a contested application.  The young man (P) is representedContinue reading “Surgery for scoliosis when P indicates he doesn’t want it”

Serious Medical Treatment and Restraint: A young woman with HIV

At the centre of this case is a 17-year-old woman (P), born overseas, who is living with HIV. It is believed she acquired HIV vertically at birth, and her mother died when she was young. P has been raised by her grandmother in this country, and in recent years it appears that she has been looking after her grandmother, who is now elderly with health issues of her own.

Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)

By Celia Kitzinger, 29th April 2022 “Although his wishes and feelings are not to have this operation, those wishes and feelings are based on delusion… I give less weight to his views for that reason.[1]” So said Mrs Justice Arbuthnot at a hearing on 28th April 2022 concerning a man in his late 50s (Mr SH)Continue reading “Treatment against his wishes but in his best interests (without direct evidence on litigation capacity)”

The value of observing a case management hearing in the Court of Protection

By Helen Moizer, 7th April 2022 The value of observing a case management hearing in the Court of Protection. When I observed a Court of Protection hearing for the first time, I did not know what I was entering into or what to expect. Despite it being a video hearing link, I still felt apprehensiveContinue reading “The value of observing a case management hearing in the Court of Protection”

Best interests and kidney transplantation: Closing submissions in the William Verden case

By Bonnie Venter, 7th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022). Latest news: “Autistic kidney-row teen’s transplant ‘a success’“ This post is about the final day of the hearing concerning whether it is in William Verden’s best interestsContinue reading “Best interests and kidney transplantation: Closing submissions in the William Verden case”

Is a kidney transplant in his best interests?

By Bonnie Venter, 1st-4th March 2022 UPDATE: The judgment in this case is now published: Manchester University NHS Foundation Trust v WV [2022] EWCOP 9 (08 March 2022). Latest news: “Autistic kidney-row teen’s transplant ‘a success’“ I’m watching a four-day Court of Protection hearing centred around the legal question of whether a kidney transplant isContinue reading “Is a kidney transplant in his best interests?”

Health and Welfare Attorney applies for urgent hearing on life-sustaining treatment

The patient’s son and daughter had been asked to agree to the insertion of the naso-gastric tube (on about 23rd October 2021) but had not been consulted about its removal.  They say they’d not been told about the removal of the tube in advance, or asked what their mother would want.