Case summary: a Local Health Board v AB [2015] EWCOP 31

This case concerns leave under Section 17 MHA 1983 and DoLS. AB, a 34 year old woman, had a serious and life threatening cardiac condition, the recommended treatment for which was surgery. She lacked the capacity to make decisions as to her medical treatment (and to conduct proceedings in relation to her medical treatment). The local health board made an application to the Court of Protection for declarations and decisions in relation to AB’s capacity and best interests as regards heart surgery, as well as (prior) dental surgery to remove her lower teeth. The intention was that AB would be granted leave under s.17 MHA 1983 by her Responsible Clinician to attend at the general hospital for purposes of undergoing both treatments. Both before and during the planned procedures, AB would be subject to restraints amounting to a deprivation of her liberty. Decision Recognising that AB was at risk of dying, the court decided that it was in AB’s best interests to undergo both procedures for heart surgery and dental surgery. However, the Court of Protection could not exercise its powers to as so authorise the deprivation of her liberty. It was therefore necessary for the court to authorise AB’s deprivation of liberty at the general hospital under the inherent jurisdiction of the High Court.