Wye Valley NHS Trust v B

In deciding what is in the best interests of a person who lacks capacity, the person's wishes and feelings may be decisive, so a man could not be forced to have his leg amputated against his strong wishes.

Citation
[2015] EWHC 60 (COP)
Court
Court of Protection
Year
2015
Subject
Medical Law and Ethics
Topic
Consent, capacity and refusal of treatment

Facts

Mr B, a 73 year old man with a long history of mental illness, had a seriously infected leg, and the doctors considered that he would probably die unless his leg was amputated. He strongly refused the operation, saying that he did not want it and was not afraid of dying. The hospital accepted that he lacked capacity to make the decision, because his mental illness affected his understanding, and applied to the Court of Protection for a declaration that the amputation would be in his best interests.

Legal principle

Peter Jackson J refused the declaration. He said that the Mental Capacity Act 2005 requires the court to consider the person's wishes, feelings, beliefs and values in deciding what is in his best interests, and that a conclusion that a person lacks capacity does not mean that his wishes count for nothing. Where the person's wishes are clear and firmly held, and based on his own values, they should carry great weight, and may be decisive. It would be wrong to force Mr B to undergo an operation he did not want, given the burdens of the operation and its aftermath, and his clear and long held views.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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