Courts no longer required to rule in certain withdrawal of treatment cases

21 September, 2017

In a landmark ruling in the Court of Protection, life-prolonging care can be withdrawn from patients who are minimally conscious or in a permanent vegetative state if both the doctors and family agree that it is in their best interests, without the intervention of a court being required. Humanists UK welcomes this decision, which places a patient-centred approach at the heart of how of hospitals, families, and the courts should deal with assisted dying cases.

The case was brought to court by the family of a woman identified only as ‘M’ who had been in a minimally conscious state as a result of Huntington’s disease, a degenerative genetic disorder that damages the the body’s central nervous system. She had shown no sign of awareness for 18 months and was fed through a tube, when her family and doctors agreed that it would be in her best interests to withdraw nutritional support and allow M to die. Under the previous regulations a court must grant permission for this to go ahead, even in cases where both doctors and family members are in agreement. This permission was granted in June, two months after the initial submission was made to the court, and M passed away shortly thereafter.

However, looking ahead to future cases, Mr Justice Peter Jackson has now stated that there is no statutory obligation for cases of this kind to be taken to court, which is both a lengthy and expensive process, and the current requirement to do so might encourage doctors to continue with inappropriate treatments which are not in the best interests of their patients by default. Therefore he decided that taking them to court in the future will no longer be necessary. It is expected that the official solicitor, the government official representing the patient, will appeal against this decision.

Humanists UK Director of Public Affairs and Policy Richy Thompson commented, ‘Humanists UK welcomes this decision. It is a more sensible approach to care for those in minimally conscious states, in which both compassion for the patient and their family, and respect for the judgment of medical professionals, are given greater weight in the decision-making process. It cannot be fair or just for families to watch the suffering and degeneration of their loved ones prolonged against the judgement of their doctors by the lengthy requirement to bring every case before a court.

‘However, it remains the case that when individuals cannot die simply through the withdrawal of treatment, but need more active intervention to do so, then they are not presently allowed to. Where individuals who are of sound mind and are terminally ill or incurably suffering have a clear and settled wish to die, then we believe they must be afforded the dignity and autonomy to be able to end their lives at a time or in a manner of their choosing. This decision is a positive step, but there is still much further to go in ensuring everyone has this right.’

Notes

For further comment or information, please contact BHA Director of Public Affairs and Policy Richy Thompson at richy@humanists.uk or on 07534 248596.

Read more about Humanists UK’s campaigns work on assisted dying: http://humanists.uk/campaigns/public-ethical-issues/assisted-dying/

Read more about Humanists UK’s intervention in the High Court assisted dying case in support of claimant Noel Conway: https://humanists.uk/2017/07/20/noel-conways-assisted-dying-hearing-concludes-in-high-court/

Read more about Humanists UK’s proposed intervention in the upcoming High Court assisted dying case in support of claimant Omid : https://humanists.uk/2017/05/22/omid-granted-permission-to-challenge-illegality-of-assisted-dying/

At Humanists UK, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. Our work brings non-religious people together to develop their own views, helping people be happier and more fulfilled in the one life we have. Through our ceremonies, education services, and community and campaigning work, we strive to create a fair and equal society for all.

Humanists UK recently changed its name from the British Humanist Association: https://humanists.uk/2017/05/22/bha-becomes-humanists-uk/