SS v CCG [2018] EWCOP 40

Withdrawal of CANH "The application seeks a declaration pursuant to section 15 (that it is lawful and in B's best interests for CANH to be withdrawn) and, secondly, an order pursuant to section 16 for such withdrawal and for B to receive palliative care only. If granted, it is anticipated that B will pass away. ... In support of granting the application there are a number of important factors. It is consistent with her previously expressed feelings and wishes. It supports her right, I suspect strongly held, to self-determination. She has no quality of life. Therapeutically, her life is futile, there is no hope of recovery. There is no hope. If I allow the application and make the declarations, it will bring to an end the invasive and, in my judgment, burdensome medical treatment from which she, B, obtains no benefit. It is consistent with her Muslim religion. It is consistent with her devoted husband's views of his wife's best interests. It is consistent with the unanimous views of those that are responsible for caring and treating her, whether it be the clinical or the support team. Is there any factor which weighs in the scales against granting the application? There is. It is the powerful principle that if I make the declarations, it will inevitably lead to B's death, so offends against the very strong principle of the sanctity of life. Having taken time to consider the matter, it seems to me clear that the direction of travel is all one way. It is with my very greatest sympathy to the family and B's husband in particular that balance falls very clearly in favour of me granting the application and making the declarations as sought, and I do so."

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This case's neutral citation number appears in the following newsletters:

39 Essex Chambers, 'Mental Capacity Report' (issue 92, March 2019)

CASES DATABASE

Full judgment: Possible Bailii link (not there when checked last night, but might have appeared since)

Subject(s):

Medical treatment cases🔍

Date: 31/10/18🔍

Court: Court of Protection🔍

Judge(s):

Newton🔍

Parties:

SS🔍
CCG🔍
A Nursing Home🔍

Citation number(s):

[2018] EWCOP 40^{Not on Bailii!}

What links here:

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Published: 20/3/19 21:43

Cached: 2024-12-27 03:28:25