University Hospitals of Derby and Burton NHSFT v J [2019] EWCOP 16

HBSO, colonoscopy, deception "[Anne] is the subject of an application brought by the [Trust] for declarations that it is in Anne's best interests to undergo a hysterectomy and bilateral salpingo-oophorectomy and a colonoscopy, and that, in order to enable those to be undertaken, it is in her best interests for a transfer plan to be implemented which will involve her sedation and a level of deception to ensure her presence at hospital for the procedures to be undertaken. The application arises because it is said that Anne lacks capacity. ... It is entirely right that cases such as this, where medical decisions and the plan for their implementation impact so profoundly on P's personal autonomy, bodily integrity and reproductive rights, should be considered by the Court of Protection at High Court level, and as this case demonstrates, once in the hands of the court and the Official Solicitor they can be dealt with rapidly. I therefore have no hesitation in declaring that it is in Anne's best interests to undergo HBSO and colonoscopy (and associated surgical procedures) and for the care plan to be implemented in its final amended form."

CASES DATABASE

Full judgment: BAILII!

Subject(s):

  • Medical treatment cases🔍

Date: 2/5/19🔍

Court: Court of Protection🔍

Judge(s):

Parties:

  • University Hospitals of Derby and Burton NHS Foundation Trust🔍
  • J🔍

Citation number(s):

What links here:

Published: 10/5/19

Cached: 2019-07-20 03:12:47