This is from the judgment, concerning the circumstances when the Court of Protection might be asked to decide on whether treatment ought to be given or not:
^95. In those circumstances he submitted that the court should be guided by the approach of the Court of Protection in its Practice Guidance (Court of Protection: Serious Medical Treatment) [2020] 1 WLR 641 which sets out those decisions relating to medical treatment where an application should be made to the Court of Protection.
96. Paras 10 and 11 of that Guidance state:^
^“10. In any case which is not about the provision of life-sustaining treatment, but involves the serious interference with the person’s rights under the ECHR, it is:
“highly probable that, in most, if not all, professionals faced with a decision whether to take that step will conclude that it is appropriate to apply to the court to facilitate a comprehensive analysis of [capacity and] best interests, with [the person] having the benefit of legal representation and independent expert advice.”
This will be so even where there is agreement between all those with an interest in the person’s welfare.^
11. Examples of cases which may fall into paragraph 10 above will include, but are not limited to: (a) where a medical procedure or treatment is for the primary purpose of sterilisation; (b) where a medical procedure is proposed to be performed on a person who lacks capacity to consent to it, where the procedure is for the purpose of a donation of an organ, bone marrow, stem cells, tissue or bodily fluid to another person; (c) a procedure for the covert insertion of a contraceptive device or other means of contraception; (d) where it is proposed that an experimental or innovative treatment to be carried out; (e) a case involving a significant ethical question in an untested or controversial area of medicine.”
The judges agreed that the evidence presented showed the drugs to be experimental (point (d) above), so the court should be involved.
Susie Green's failure to submit the reams of evidence she claims to have is no one's fault but Susie's.