Mike Horne and Katie Gollop appear in King’s College Hospital v C and V re capacity to refuse lifesaving treatment

The patient in this Court of Protection case, a 50 year old mother of three, had unsuccessfully attempted suicide by taking a paracetamol overdose; she suffered severe kidney failure and relied on dialysis to stay alive. After 8 weeks’ she refused further treatment. On the Trust’s application for a declaration that she should have dialysis forcibly, if necessary, the Court had to determine whether she had capacity to refuse. Finding that she did, the Court reaffirmed her Article 8 right to self-determination.

Mr Justice MacDonald said:

“That she considers… the fear that she has lost, and will not regain, ‘her sparkle’ outweighs a prognosis that signals continued life will alarm and possibly horrify many.

“Her decision is certainly one that does not accord with the expectations of many in society.

“Indeed, others in society may consider her decision to be unreasonable, illogical or even immoral within the context of the sanctity accorded to life by society in general.

“None of this, however, is evidence of a lack of capacity.”

Mike Horne acted for the Trust and Katie Gollop was instructed by the Official Solicitor on behalf of the patient.

Click here to read the full judgment.

The case has been widely reported in the media. Please click the following links to read coverage on The Sunday Times, Guardian and ITV websites.