A Local Authority v A [2020] EWCOP 76
Covert medication - closed proceedings This application was to consider the administration to A of covert medication in relation to primary ovarian failure. (1) It was permissible and proportionate for A's mother not to be informed of the proceedings because she would seek to subvert the medical treatment. (2) The advantages (to achieve adulthood via puberty, the possibility of developing her own family, cognitive development and maturity, proportionate independence and personal autonomy, a hundred percent effectiveness, no associated risk, a normal life expectancy, no death by a serious fracture or cardiovascular disease by 30 to 40 years of age, and the fact that covert administration is the least restrictive approach pursuant to the MCA 2005) outweighed the disadvantages (it was against A's current wishes, if A discovered that she had been covertly medicated she might lose trust or confidence with the placement) and it was in A's best interests to receive the treatment.
Note
Published on BAILII on 21/3/23.
Essex
This case has been summarised on page 26 of 39 Essex Chambers, 'Mental Capacity Report' (issue 131, May 2023).Essex search
This case's neutral citation number appears in the following newsletters:Full judgment: BAILII
Subject(s):
- Medical treatment cases🔍
Date: 25/9/20🔍
Court: Court of Protection🔍
Judicial history:
- Re A (Covert Medication: Residence) [2024] EWCA Civ 572 (CA)
- Re A (Covert Medication: Residence) [2024] EWCOP 19 (Poole J)
- Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44 (Poole J)
- A Local Authority v A [2020] EWCOP 76 (HHJ Moir)
- Unpublished judgment, 17/6/20 (HHJ Moir)
- The Local Authority v A [2019] EWCOP 68 (HHJ Moir)
Judge(s):
- Moir🔍
Parties:
Citation number(s):
What links here:- Re A (Covert Medication: Closed Proceedings) [2022] EWCOP 44
- The Local Authority v A [2019] EWCOP 68
- 39 Essex Chambers, 'Mental Capacity Report' (issue 131, May 2023)
- Re A (Covert Medication: Residence) [2024] EWCOP 19
Published: 24/3/23 21:11
Cached: 2024-11-24 05:07:40
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