Dignity, delay, and declarations on best interests (NHS South East London ICB v JP & the Royal Hospital for Neuro-Disability)
Private Client analysis: The decision that being provided with nutrition and hydration was contrary to JP’s best interests is recorded in a separate judgment (NHS South East London Integrated Care Board v JP & Others. This judgment focused on the delay in bringing the matter to court, which delay ‘compromised [JP]’s dignity’ (para [5]). Incapacitious individuals like JP are uniquely vulnerable and their interests require vigilant protection. Their inherent dignity as human beings requires regular assessment of where their best interests lie. Hospital trusts, charities, and ICBs all have to be proactive in promoting the dignity of such individuals. Disputes between family members must not be permitted to delay applications being made to court; instead, they are a signal to make an application. Family members are consulted to illuminate P’s likely wishes and feelings and values and beliefs, not to ascertain the family’s views on what is best. Sensitivity to strongly held family views should not be permitted to detract from the proper focus of decision-making: P’s best interests. Written by Katherine Hampshire, barrister at Serjeants’ Inn.