Court ruling not needed to withdraw care, judge says


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Legal permission will no longer be required to end care for patients in a permanent vegetative state, a judge has ruled.

Until now, even if medics and relatives agree to withdraw nutrition from a patient, a judge must also consent.

But a landmark decision by Mr Justice Jackson means those cases will no longer have to come to court.

The official solicitor, appointed by the state to act for such patients, is likely to appeal against the ruling.

Doctors are able to withdraw treatment from a patient – if relatives consent – under various circumstances without needing court approval, for example, when a “do not resuscitate” order is made.

However, removing sustenance from an individual in a vegetative or minimally conscious state has been treated differently.

For nearly 25 years, these decisions have been referred to the Court of Protection, even where doctors and families agree.

That followed the House of Lords ruling on Tony Bland, who was left severely brain damaged after the Hillsborough disaster in 1989 and died nearly four years later.

Wednesday’s ruling removes this exception and paves the way for a change in the way such cases are handled by hospitals.

‘No awareness’

Mr Justice Jackson made his ruling in a case concerning a 50-year-old woman who suffered from a degenerative illness for 14 years.

The patient, known in court as M, had Huntingdon’s disease and was bed-ridden in hospital and fed by a tube.

She had shown no sign of awareness for 18 months, the court heard.

Mr Justice Jackson agreed with her family and doctors that withdrawing nutrition from her would be in her best interests.

The tube was removed and she died in August.

Mr Justice Jackson said in his view the case should not have come to court.

“The decision about what was in M’s best interests is one that could lawfully have been taken by her treating doctors, having fully consulted her family and having acted in accordance with the MCA (Mental Capacity Act) and with recognised medical standards,” the judgement said.

The judgement added: “However, every case is intensely fact-specific, and those considering withdrawal of CANH (clinically assisted nutrition and hydration) should not hesitate to approach the Court of Protection in any case in which it seems to them to be right to do so.”

Mr Justice Jackson said that even in M’s case – when family and doctors agreed – legal costs reached £30,000.

Sarah Wootton, chief executive of the campaign group Compassion in Dying, said the ruling was “a helpful step towards a clearer, more person-centred view of end-of-life care”.

“When all parties – family, the hospital and treating doctors – are agreed on what someone would have wanted for their care, it seems absurd to require a costly court process to confirm this.”

Research by the BBC established last year that there were more than 100 patients in England and Wales in permanent vegetative or minimally conscious states.

One patient had been in this condition for more than 20 years.



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