Some thoughts on recent developments in right to die case law

A series of recent court cases have continued to explore the boundaries of our legal rights to determine how and when we die. The case of Tony Nicklinson raises important questions about the right of disabled adults to be supported by professionals in ending their life. By contrast, the case of 'E', an anorexia patient, shows that capacity is an important 'gatekeeper' concept for autonomy over end of life decisions. But E's case also raises questions about how 'best interests' decisions regarding end of life decisions should be made.  The influence of 'intuition' on best interests decisions introduces problematic legal and political issues around uncertainty and arbitrariness. E's case also raises intriguing legal questions about the legal status of Court of Protection 'declarations' of best interests which are not accompanied by an order directing that a particular treatment be provided.

Bits and bobs

Today I was preparing a 2 hour workshop for carers on community care law.  To accompany the workshop I produced a short booklet for people to take away.  I've tried to word it in plain English - well, as plain as you can get with community care law...  I've put it up here (pdf) in case anyone might find it useful.  Please feel free to point out any errors or omissions, or make any suggestions!

Also, as you may have seen, the Court of Protection delivered its judgment about the case W v M yesterday. The case concerned a request by the family of a severely brain-damaged woman in a minimally conscious state to withdraw her feeding tube and allow her to die. Yesterday the court decided that the principle of preservation of life was decisive in this case. I wrote about the ruling for The Guardian here, and I've previously written a bit about the background to the case here.  Counsel for M's family acted pro bono, and Mr Justice Baker expressed his appreciation of their efforts to support the family, saying 'the family could not have had better representation'.  He commented that:

Authoring our ends

For the last two weeks the Court of Protection has been hearing a request from the family of a severely brain damaged who is in a minimally conscious state, to allow her to die.  The official solicitor, who is representing the woman – known as ‘M’ - as her litigation friend, opposes the request.  Until the judgment is published (probably later this week, or early next) we won’t know all the arguments and evidence advanced on both sides.  However, the press are attending the hearing and the family are reported to have said:

‘She can’t move, she can’t speak, she’s fed through a tube, she can’t even enjoy a cup of tea.

'She’s got no pleasure in life; her daily routine is just being taken out of bed, put in a chair, showered, then put back to bed.'

‘There’s no dignity in it.'

‘It’s not a life, it’s an existence and I know she wouldn’t want it.’

They are also reported to have said that ‘she would never want to live a life dependent on others, even if she retained her mental faculties.’