In a recently published case, a judge questioned the delay by an NHS Trust in bringing a case to court promptly. Unfortunately, this is a not uncommon problem for the court as reported in previous cases. The judge noted the balance between wanting to make a 'perfect case’ application to the Court versus the need for speedy applications. Mr Justice Cobb stated:
'I would wish to encourage these Applicants and/or any other applicant in such circumstances with such a case, to be less concerned about ensuring that every 'i' is dotted and every 't' crossed before making the application where speed of decision-making may be of the essence: perfect in this instance may well be the enemy of the good.'
In addition, the judge said: 'The case nonetheless causes me to emphasise for future reference that where cancer is a suspected pathology in respect of a person who lacks or may lack capacity to make treatment decisions, the Hospital Trusts should not hesitate one moment before bringing the matter before the court.’
The case involved a woman who was resisting investigation and/or medical treatment for a physical condition and lacked mental capacity. She had a long standing mental disorder and was on leave of absence under Section 3 of the Mental Health Act.
Download from: https://www.bailii.org/ew/cases/EWCOP/2024/49.html
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