Private Client  /  [2026] EWCOP 44 (T3)

Private Client · The Court of Protection (Tier 3 cases)

Cardiff and Vale University Health Board v ST & Anor

Court The Court of Protection (Tier 3 cases)Date 15 May 2026Citation [2026] EWCOP 44 (T3)Source Find Case LawAlso filed under Administrative / Public Law

Checked against the judgment on 4 September 2026 · how we verify

Facts

ST is a 98-year-old woman who has lived all her life in South Wales, a devout Roman Catholic and, until her admission, living relatively independently at home with the support of her son MB. On 16 December 2025 she was admitted to Y Hospital following a stroke which left her with left-sided weakness, dysphagia and severe expressive and receptive aphasia. A naso-gastric tube was inserted the day after admission and, apart from a week between 12 and 19 February 2026, has remained in place, delivering clinically assisted nutrition and hydration; a mitten was worn to stop her pulling it out, which she nonetheless did on numerous occasions. Clinicians concluded she was unsuitable for a PEG and that continued NG feeding was not in her interests; her adult children disagreed, MB maintaining that a further four to six weeks of feeding would see her improve. Agreement proving impossible, the Cardiff and Vale University Health Board applied on 17 April 2026 for declarations under the Mental Capacity Act 2005 as to ST's capacity and best interests. Directions were made by Mrs Justice Theis on the papers on 24 April 2026, appointing a litigation friend, and a second opinion was obtained from Dr N of another health board. MB was joined as second respondent; ST's daughter GM did not become a party but attended.

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