Ethical complexity in a life-sustaining treatment case

By Bonnie Venter, 23rd February 2021 Editorial Notes: (1) A tweet thread about the hearing is available here. (2) The judgment has been published here.  (3) A different perspective on the same hearing (by Bridget Penhale) has been published here. There are moments in life that cause a monumental shift in who we used to be and who we areContinue reading “Ethical complexity in a life-sustaining treatment case”

Endoscopic dilatation against P’s wishes?

By Ravina Bahra, 10 February 2021 This hearing (case number: COP 13711789) before Ms Justice Russell on 9 February 2021 concerned an application to authorise up to five treatment procedures – likely to involve some degree of restraint amounting to deprivation of liberty – that P does not want to undergo. This was a directionsContinue reading “Endoscopic dilatation against P’s wishes?”

Refusing kidney dialysis – a daughter’s reflections

“When I asked for access to observe a hearing in the Court of Protection, I had no idea how close to home the key issue would turn out to be. …. The person at the centre of the case, AI, has end stage kidney disease. .. he’ll probably refuse to come back in for dialysis. This could mean that he dies…. My father died just over a year ago (in his mid 70s) because he, too, refused dialysis.”

Privacy, Capacity, and the Judge’s Communication Skills

“Hayden J has been at the forefront of ensuring that the voice of P is heard in the Court of Protection and that P is included in the hearing about them as much as is feasible… This hearing embodied that, with Hayden J taking the lead in ensuring that Ms P’s voice was not only heard but that she fully understood the proceedings. “

Authorising restraint– an uneasy judicial decision

“…The person at the centre of the case (“F”) was described as an intelligent, articulate woman. She is 38 years old and has end-stage kidney failure. She had refused dialysis between 28 July and 11 August 2020 and was at a real risk of dying…”