An important reminder that it is the judge who has the final say as to best interests – Mental Capacity Law and Policy
‘In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked to decide that continuation of clinically assisted nutrition and hydration (‘CANH’) was not in the best interests of a “much loved family man and devout Muslim.” Unlike many of these cases, the 73 year old man, PK, was not in a prolonged disorder of consciousness. He was, however, in a situation following a stroke, exacerbating already existing co-morbidities, where the Trust was concerned as to whether continuing CANH was in his best interests.’
Mental Capacity Law and Policy, 15th May 2025