‘The flipside of the intense focus on the wishes, feelings, beliefs and values of the person required by s.4 MCA 2005, as clarified by the Supreme Court in Aintree v James, is that there may be situations in which, objectively, a person’s medical situation might appear hopeless, but nonetheless continued treatment is in their best interests. Such a case is that of The Hillingdon Hospitals NHS Foundation Trust v YD & Ors (Refusal of Withdrawal of Treatment) [2025] EWCOP 31.[1] On the face of it, YD, who had been in a prolonged disorder of consciousness since October 2024 and had no prospect of emerging from the permanent vegetative state in which he now found himself, was a clear candidate for withdrawal of clinically assisted nutrition and hydration.’
Mental Capacity Law and Policy, 14th August 2025
