A Healthcare and B NHS Trust v CC [2020] EWHC 574 (Fam)
Haemodialysis under s63 MHA 1983 "By reason of the above, the Court finds that: (i) The physical condition CC is now in, by which dialysis is critical to keep him alive, is properly described as a manifestation of his mental disorder. There is a very real prospect that if he [were] not mentally ill he would self-care in a way that would have not led to the need for dialysis. Further, CC's refusal of dialysis is very obviously a manifestation of his mental disorder and dialysis treatment is therefore treatment within the scope of section 63 MHA 1983. (ii) CC's capacity to consent to dialysis treatment fluctuates, however his consent is not required in order to be treated, by way of dialysis treatment, under section 63 MHA 1983. (iii) The decision whether it is in CC's best interests to receive dialysis treatment is a matter for CC's responsible clinician (having consulted clinicians attending to his physical health, including the consultant nephrologist), subject to the supervisory jurisdiction of the Court. (iv) Section 58 has no applicability. Section 62 disapplies section 58 in urgent treatment cases such as this where treatment is immediately necessary to save CC's life, to prevent a serious deterioration of his condition, and to alleviate serious suffering. Section 63 is the appropriate course. (v) As section 63 MHA 1983 can be used as authority to provide medical treatment to CC, including by dialysis treatment and by the use of light physical restraint and chemical restraint (if required), it is unnecessary for the court to exercise its discretion and make a contingent declaration pursuant to section 15(1)(c) MCA 2005 that it is lawful to treat CC in accordance with the proposed dialysis treatment plan in the event that he lacks capacity to make a decision regarding dialysis treatment at the relevant time."
Essex
This case has been summarised on page 33 of 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020).
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This case's neutral citation number appears in the following newsletters:Full judgment: BAILII
Subject(s):
- Medical treatment cases🔍
Date: 11/3/20🔍
Court: High Court (Family Division)🔍
Judge(s):
- Lieven🔍
Parties:
Citation number(s):
What links here:- 39 Essex Chambers, 'Mental Capacity Report' (issue 103, April 2020)
- Jonathan Wilson, 'Mental health: update' (Legal Action, March 2021)
Published: 13/3/20 11:34
Cached: 2024-11-21 14:50:54
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