Re DU; A NHS Trust v DU [2009] EWHC 3504 (Fam)
It was in DU’s best interests to be permitted to return to Nigeria subject to the making of practicable arrangements. [Official summary available.]
Official summary
The following is an extract from Judiciary of England and Wales, 'Court of Protection Report 2010' (July 2011).
3. A NHS Trust, B PCT v DU, AO, EB and AU [2009] EWHC 3504 (Fam)Not on Bailii! (Mr Justice Hedley, 15 October 2009). DU was an 86 year woman of Nigerian origin, who had suffered a serious stroke and had been in hospital since October 2008. AO, EB and AU were members of her family. The relationship between the hospital and PCT and DU’s family had broken down. There were several issues before the judge:
- Should DU be returned to Nigeria?
- If so, under what circumstances?
- If so, should she have a PEG (percutaneous endoscopic tube) inserted before returning there, or should she continue to be treated through a nasal gastric tube?
- If so, where should she reside before travelling there – in hospital or a nursing
home?
The judge decided it was in DU’s best interests to be permitted to return to Nigeria subject to the making of practicable arrangements. The decision as to where she should stay in the interim “first and foremost is one that should be arrived at by agreement between the hospital and the family.” “If agreement is reached, that takes precedence over any views which the court is now going to express, because those views indicate a default position on the basis of an absence of agreement” (paragraph 18).
Thanks
Thanks to Alex Ruck Keene (39 Essex Chambers) for providing the judgment.
External links
Possible Bailii link (not there when checked last night, but might have appeared since)