Court of Protection
Case No: COP 14234849
Neutral Citation: [2024] EWCOP 66 (T3)
Date: 14th November 2024
Judge: Mrs Justice Theis (Vice President of the Court of Protection)

Parties Involved

• Applicant:
  • NHS North Central London Integrated Care Board
• Respondents:
  • Royal Hospital for Neuro-Disability (1st Respondent)
  • XR (2nd Respondent, represented by his litigation friend, the Official Solicitor)

Representation

• Applicant (NHS North Central London Integrated Care Board):
  • Ms Claire Watson KC (instructed by Hill Dickinson LLP)
• 1st Respondent (Royal Hospital for Neuro-Disability):
  • Ms Katie Scott (instructed by Bevan Brittan LLP)
• 2nd Respondent (XR):
  • Mr Michael Horne KC (instructed by the Official Solicitor)

Key Facts

This case involves a dispute over the best interests and medical care for XR, a patient who is under the care of the Royal Hospital for Neuro-Disability. The NHS North Central London Integrated Care Board has applied to the Court of Protection seeking a determination on matters related to XR’s ongoing care and treatment. XR is represented by the Official Solicitor, who acts as his litigation friend.

The Royal Hospital for Neuro-Disability and the NHS Care Board are involved in a legal dispute regarding the level and type of care XR should receive, with differing views on his treatment options. The Court of Protection’s role is to assess whether the proposed actions are in XR’s best interests, especially considering his current condition and capacity.

Legal Issues

• Best Interests:
  The main legal issue in this case revolves around determining what is in XR’s best interests concerning his medical treatment. The applicant, NHS North Central London Integrated Care Board, has sought approval for specific care interventions, while the 1st Respondent (the hospital) and the 2nd Respondent (XR’s representative) may have differing views on what constitutes appropriate care.
• Medical Decision-Making in the Court of Protection:
  The case illustrates how the Court of Protection plays a crucial role in medical decision-making for individuals who lack the capacity to make decisions for themselves, ensuring that their rights and best interests are protected.

Hearing Details

• The hearing took place on 14th October 2024, and the judgment was delivered on 14th November 2024.
• The Court of Protection was tasked with reviewing the details of XR’s medical condition and the various care options proposed by the NHS and the hospital, weighing the evidence in light of his rights, medical needs, and future prognosis.

Observations

• Mrs Justice Theis had to balance the medical evidence presented by both the NHS and the hospital against XR’s potential quality of life and future needs.
• The involvement of the Official Solicitor as litigation friend emphasizes the serious nature of the case, ensuring XR’s voice is represented in a decision that affects his future care.

Decision

• The Court of Protection issued its judgment on 14th November 2024, determining the appropriate course of action for XR’s medical care, considering both the applicant’s and respondents’ positions. The decision will guide the ongoing care plan for XR, ensuring that it aligns with the legal principles governing medical care decisions for individuals who lack the capacity to make decisions for themselves.