Abertawe Bro Morgannwg University Local Health Board v RY & Anor (Rev 1)

Facts

RY, an 81-year-old retired engineer from Port Talbot, suffered a cardiac arrest in June 2016 after what was probably a cardiac rhythm disturbance, with a prolonged delay before CPR began. Although heart function returned, CT scanning revealed global hypoxic brain injury, and when sedation was discontinued on 17 June 2016 he did not regain consciousness. Dr Hope, a Consultant in Intensive Care Medicine, advised his adult children AY and CP that withdrawal of active organ support was in his best interests, but CP maintained throughout that her father would want everything done and that any life was better than no life. The Abertawe Bro Morgannwg University Local Health Board applied to the Court of Protection under the Mental Capacity Act 2005, and on 23 November 2016 Hayden J, with the agreement of all parties and following Mr Badwan's revised diagnosis of a Minimally Conscious State, declared a tracheostomy to be in RY's best interests, together with ceilings of treatment. The Health Board then sought a further hearing; having first asked to withdraw its application, which the judge refused, it ultimately sought a declaration that withdrawal of the tracheostomy and termination of deep suctioning were in RY's best interests. CP, by leading counsel, opposed that course.