King’s College Hospital NHS Foundation Trust v XY & Anor
[2024] EWCOP 68
Kings College Hospital NHS Foundation Trust v X & Anor
4 August 2023
[2023] EWCOP 34
Court of Protection
A young man was severely injured and is now unconscious and unlikely to ever recover. Doctors say keeping him alive with machines is pointless and causes him some suffering, while his family wants to keep him alive as long as possible. The judge listened to everyone and decided that turning off the machines is the best thing for the young man, even though his family is sad about it.
Key Facts
- •27-year-old X suffered catastrophic brain and spinal cord injuries in a car accident.
- •X is in a persistent vegetative state with no prospect of recovery.
- •X is kept alive by mechanical ventilation, artificial nutrition, and hydration.
- •X's family opposes the withdrawal of life-sustaining treatment.
- •Medical professionals believe continued treatment is futile and not in X's best interests.
- •The Official Solicitor supports the Trust's application to withdraw treatment.
Legal Principles
Best interests determination under the Mental Capacity Act 2005 (MCA 2005)
Mental Capacity Act 2005
Holistic evaluation of relevant factors, including past wishes, beliefs, values, and views of others.
Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67
Consideration of burdens and benefits of medical treatment, even without conscious awareness.
Parfitt v Guy’s and St Thomas’ Children’s NHS Foundation Trust & Anor [2021] EWCA Civ 362
Strong presumption in favour of preserving life, balanced against other factors.
No specific case cited, but implied throughout the judgment.
Outcomes
The application to withdraw life-sustaining treatment was granted.
The court found that continued treatment offered no benefit to X given his lack of awareness and grim prognosis, and that the burdens of continued treatment outweighed any potential benefits.