A NHS Trust v ST [2023] EWCOP 40

Belief and capacity "The issues for determination at this hearing are ST’s capacity (i) to litigate and (ii) to make her own decisions in relation to future medical treatment. The Trust’s intention is to move to a treatment plan of palliative care. ... In terms of the functional test of capacity, a person’s ability to understand, use and weigh information as part of the process of making a decision depends on him or her believing that the information provided for these purposes is reliable and true. That proposition is grounded in objective logic and supported by case law in the context of both the common law and the interpretation of MCA 2005. ...In this context, and in terms of a patient-centred approach, it is important in my judgment for the court to consider the extent to which the information provided to a person is capable of being established objectively as a “fact” or a “truth”. The less certain the fact or truth, the more careful the court must be when determining whether the presumption of capacity is rebutted."

Essex

This case has been summarised on page 11 of 39 Essex Chambers, 'Mental Capacity Report' (issue 134, September 2023).

External links

Need to add MHLO pages for:

University Hospitals Birmingham NHS Foundation Trust v Thirumalesh & Ors [2023] EWCOP 43^B (29 September 2023)
Hemachandran & Anor v Thirumalesh & Anor [2024] EWCA Civ 896^B (31 July 2024)

CASES DATABASE

Full judgment: BAILII

Subject(s):

Medical treatment cases🔍

Date: 25/8/23🔍

Court: Court of Protection🔍

Judge(s):

Roberts🔍

Parties:

A NHS Trust🔍
ST🔍
TH🔍
RT🔍

Citation number(s):

[2023] EWCOP 40^B

What links here:

39 Essex Chambers, 'Mental Capacity Report' (issue 134, September 2023)

Published: 10/9/23 21:24

Cached: 2024-08-31 23:14:39