Re NS [2016] NIFam 9

Treatment and liberty "This case relates to an elderly lady, NS. She has been represented by the Official Solicitor (OS) throughout these proceedings. ... The case therefore first came to court when the Trust sought to place NS in a residential facility after the hospital admission in May 2016. This was at a time when a stay in hospital was no longer required. The issue in the case was really whether NS should be discharged to a residential facility or to the care of MS with a care package. ... This case therefore involves consideration of a number of questions which I summarise as follows: (i) Is the patient incapable of making a decision regarding the particular issue put before the court? (ii) If so is the plan/treatment proposed in the best interests of the patient? (iii) Is the intervention necessary and proportionate pursuant to Article 8 of the ECHR? (iv) If the plan involves a deprivation of liberty under Article 5 of the ECHR should that be authorised by the court and if so under what terms regarding duration and review?"

Citation

Re NS (Inherent jurisdiction: patient: liberty: medical treatment) [2016] NIFam 9B

This case was added to MHLO twice by mistake, as [2016] MHLO 49 and [2016] MHLO 61 (but the current page is now the only page).

CASES DATABASE

Full judgment: BAILII

Subject(s):

Date: 14/10/16🔍

Court: Northern Ireland High Court🔍

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Published: 23/2/17 21:29

Cached: 2022-05-25 16:42:11