A Midlands NHS Trust v RD [2021] EWCOP 35

Non-treatment of anorexia The Trust had decided not to treat RD's anorexia compulsorily under the MHA (even though that might, in the short term, prevent her death) and applied to the Court of Protection for legal protection. The court decided she lacked the relevant capacity and that further compulsory treatment was not in her best interests ("I am removing any threat of compulsion or compulsory admission to hospital under the Mental Health Act from RD"). The declarations were made under the inherent jurisdiction (as well as the MCA) since questions involving the MHA involve public law matters, in particular that doctors have to take into account the safety of the public.

Date

Published on BAILII on 28/5/21.

Essex

This case has been summarised on page 19 of 39 Essex Chambers, 'Mental Capacity Report' (issue 114, June 2021).

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Medical treatment cases🔍

Date: 12/1/21🔍

Court: Court of Protection🔍

Judicial history:

• A Midlands NHS Trust v RD [2021] EWCOP 36
• A Midlands NHS Trust v RD [2021] EWCOP 35

Judge(s):

• Moor🔍

Parties:

• A Midlands NHS Trust🔍
• RD🔍
• SD🔍
• LD🔍
• A Midlands CCG🔍

Citation number(s):

• [2021] EWCOP 35^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 114, June 2021)
• A Midlands NHS Trust v RD [2021] EWCOP 36
• Jonathan Wilson, 'Mental health case law: update' (Legal Action, May 2022)

Published: 30/5/21 08:12

Cached: 2024-04-18 21:50:22