§ Lord Alton of Liverpoolasked Her Majesty's Government:
Whether the withdrawal or withholding of nutrition and hydration delivered by artificial means from mentally incapacitated patients with persistent vegetative state and other similar conditions can only be authorised on application to the courts. [HL2453]
§ The Parliamentary Under-Secretary of State, Department of Health (Lord Warner)The judgments in the House of Lords inAiredale NHS Trust v Bland stated that withdrawal/withholding of artificial nutrition and hydration in all cases in which the patient is in a permanent vegetative state should as a matter of practice only take place after the approval of the court has been obtained.
§ Lord Alton of Liverpoolasked Her Majesty's Government:
What is their policy on the withdrawal or withholding of nutrition and hydration delivered by artificial means from mentally incapacitated patients. [HL2454]
§ Lord WarnerAn adult with capacity is able to refuse any form of medical treatment including artificial nutrition and hydration (except in circumstances defined by statute, for example the Mental Health Act 1983). Where the patient is incapacitated and has not made a relevant advance refusal, treatment will be lawful if it is in their best interests. Hence, if the treatment is not in the best interests of the patient it may lawfully be discontinued.
Procedural safeguards can be found in professional guidelines, including the General Medical Council's guidance document, Withholding and Withdrawing Life-Prolonging Treatments: Good Practice in Decision Making (http://www.gmc-uk.org/standards/ default.htm). Copies are available in the Library. In cases of difficulty, doubt or disagreement, the matter can be referred to the court for adjudication.