High Court grants an order directing that the continuation of all care for a ward of court being treated for anorexia be conditional on it being considered to be in the respondent's best interests by the medical practitioners involved, and she being agreeable to accepting the said care, the court noting that: acceptance of treatment does not equate to capacity to consent; she continues to lack capacity, as confirmed by the medical evidence; and the reference in the order to her being agreeable to accepting treatment is not a recognition that the respondent has capacity to make such decisions but rather an acceptance of the impact that coercive treatment imposed against her wishes will have on her.
Ward of Court – anorexia nervosa – involuntary admission to psychiatric unit and specialist hospital for treatment – treated on a coercive basis – best interests test – worsening of medical condition – extensive history of condition – invocation of wardship jurisdiction – permission to employ feeding and use reasonable force and restraints – treatment in the United Kingdom – ward of court seemed willing to engage in treatment – modification of order directing her to continue living at home – if admitted on a coercive basis to hospital, clinicians were not permitted to use force to administer feeding – involuntary admission to Mental Health Unit – Ward of court gave evidence and indicated her distress and desire to be out of the wardship process – on review proposed that no coercive treatment be provided – in hospital at the time of the application by way of voluntary self-admission – medical evidence – mortality risk – lacks capacity to refuse re-feeding treatment – report on behalf of the Committee for the ward – no opposition from any party as to the proposed approach of the HSE – circumstances in which life-saving treatment may be withheld – substituted consent – doctors indicated that they propose only to engage in care if they consider it in her best interests and she agrees to same – coerced feeding is enormously invasive – compulsory admission to hospital also impacts on her right to bodily integrity – coercive treatment not improving prospects of recovery – views of the ward and her family considered – doctors in agreement that on-going coercive treatment should not be provided - treatment may negatively impact the right to life also – constitutional right to privacy, bodily integrity and autonomy – dignity in life and death – best interest are that no further coercive treatment should be provided – long duration of the illness and age of the patient – continuation of care conditional on it being in the best interests of the ward and the ward being agreeable to accepting said care – acceptance of treatment does not equate to capacity to consent – satisfied that she continues to lack capacity – not necessary for the clinicians to seek leave of the court to approve the treatment they deem appropriate.