Procedurally unfair for a judge to visit P and not share the outcome with the parties say Court of Appeal

Re AH [2021] EWCA  1768, 25.11.2021 Introduction The four adult children of AH appealed the order made on 3 September 2021 by Hayden J sitting in the Court of Protection[1], in which he declared that it was not in AH’s best interests for her to continue to receive life-sustaining treatment, namely, ventilatory treatment after 31 […]

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The Conventional Wisdom Prevails: a refusal to consent to medical treatment by a Gillick competent minor is NOT determinative

Judgment has today been handed down in In the matter of X (A Child) (No 2) [2021] EWHC 65 (Fam) an essential read for the law on consent to medical treatment in relation to those under 16 and those aged 16 and 17. The facts: X suffers from sickle cell syndrome and is a Jehovah’s Witness, […]

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Mental capacity and medical treatment—anorexia nervosa and forced feeding

An NHS Foundation Trust v AB The issue in this case was whether, as the trust asserted, AB lacked capacity to make decisions about treatment relating to anorexia nervosa. She had suffered from this condition since the age of 13 and was now 28. All treatment, including nasogastric tube feeding which was the only life-prolonging […]

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