R (JJ) v Spectrum Community Health Community Interest Co

Subject Matter

MEDICAL PRACTITIONER — Medical treatment — Feeding — Severely disabled quadriplegic claimant needing to be fed by healthcare provider — Healthcare provider refusing to feed claimant certain foods identified as causing elevated risk of choking and possibly death — Claimant wishing to eat food of choice regardless of risks — Claimant having capacity to understand consequences of decision — Whether healthcare provider unlawfully depriving claimant of autonomy — Whether irrational — Whether breach of Convention rights — Whether unlawful discrimination on grounds of disability — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Equality Act 2010 (c 15), ss 13, 20, 21

[2022] EWHC 2440 (Admin); [2023] PTSR 201; [2022] WLR(D) 388, KBD

MEDICAL PRACTITIONER — Medical treatment — Feeding — Severely disabled quadriplegic claimant needing to be fed by healthcare provider — Healthcare provider refusing to feed claimant certain foods identified as causing elevated risk of choking and possibly death — Claimant wishing to eat food of choice regardless of risks — Whether healthcare provider unlawfully depriving claimant of autonomy — Whether breach of Convention rights — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8

[2023] EWCA Civ 885; [2024] PTSR 1; [2023] WLR(D) 326, CA

Appellate History