Last month, I blogged about a UK Court of Appeal judgment in Townsend v Epsom & Helier University Hospitals NHS Trust. That case will now be reviewed by the UK Supreme Court.
The Court of Appeal clarified that all decisions about incapacitated adults must be made in the patient’s best interests. If all parties are in agreement that it is not in the patient’s best interests to continue life-sustaining treatment, then this can be withdrawn without application to court.
But if there is disagreement between any of the parties that cannot be resolved by discussion and/or mediation, then the matter should be referred to the Court of Protection. There is no carve out for “clinical decisions.” The hospital cannot pre-empt court proceedings by unilaterally withholding or withdrawing treatment on “clinical” grounds. A decision whether or not to withdraw treatment must be a best interests decision.
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