QJ v A Local Authority  EWCOP 3
Finely-balanced treatment decision (1) This s21A appeal was adjourned for medical evidence in relation to whether QJ had capacity (a) to decide on whether to receive nutrition and hydration either orally or artificially; (b) to decide more generally on medical treatment; and (c) to decide on admission to hospital. (2) On the day of the hearing QJ had for the first time indicated a willingness to be put on a drip. Even if QJ were now found to have capacity, the case should still come back before the court because: (a) it may very well be a "finely balanced" decision (and so within Practice Guidance (Court of Protection: Serious Medical Treatment)  EWCOP 2); and, in any event, (b) where there is already an application in relation to the central issue the matter should only be concluded within court proceedings and not left to clinical decisions.
This case has been summarised on 39 Essex Chambers, 'Mental Capacity Report' (issue 101, February 2020).of