Hounslow Clinical Commissioning Group v RW [2019] EWCOP 12

Death "This is an application brought by the Hounslow Clinical Commissioning Group concerning RW a 78-year-old man, suffering from vascular dementia. ... I would very much have liked to have been able to endorse a plan which permitted RW to return home. There is no doubt at all, as the history of this case shows, that RW would want to die at home. I do not know whether he would survive the transition but I should have been prepared to take that risk. However, PT would, in my judgement, continue to try to give his father food and water. As I speak these words he indicates to me that this is precisely what he would do. I have been told by Ms I that, at this stage, if PT were to attempt to feed his father there is a real risk that he would asphyxiate on any food given. I cannot permit RW to be exposed to the risk of ending his life in this way and, if I may say so, I would not be prepared to take that risk for PT either, especially having regard to all the loving care he has provided for his father. I endorse the applicant's plan. I indicate that it is in RW's best interest to have his sons with him as much as possible. I am not prepared to be prescriptive of the times and the circumstances in which the sons may visit. In this I reject the applicant's proposals in this respect."

Essex search

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

39 Essex Chambers, 'Mental Capacity Report' (issue 93, April 2019)

CASES DATABASE

Full judgment: BAILII

Subject(s):

Best interests🔍

Date: 29/3/19🔍

Court: Court of Protection🔍

Judicial history:

Judge(s):

Hayden🔍

Parties:

Hounslow Clinical Commissioning Group🔍
RW🔍
PT🔍
PW🔍
MW🔍
BW🔍

Citation number(s):

[2019] EWCOP 12^B

What links here:

Published: 19/4/19 22:50

Cached: 2021-11-30 00:31:53