University Hospitals of Derby and Burton NHS Foundation Trust v J (by her litigation friend, the Official Solicitor)

Mental health – Persons who lack capacity. A proposed care plan that would involve an element of deception was compliant with the individual's rights under art 8 of the European Convention on Human Rights, provided the best interests exercise had been carried out. If the care plan was in a person's best interests for deception or misrepresentation to take place, then the court would be obliged to authorise that. Accordingly, the Court of Protection, in allowing the applicant NHS trust's application for declarations to the extent stated in the judgment, ruled that it was in the best interests of a young autistic woman who suffered from severe abdominal pain to undergo a hysterectomy and bilateral salpingo-oophorectomy and colonoscopy (with associated surgical procedures), and for the proposed care plan to be implemented in its final amended form.

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