Woman who was allowed to refuse treatment by CoP to remain anonymous after death
A woman who wanted to die because she said she had lost her “sparkle” and had her decision to refuse treatment after a failed suicide attempt upheld will continue to remain anonymous.
The respondent, known as “C” died on 28th November. She had previously been taken to the Court of Protection by Kings College Hospital NHS Foundation Trust who wished to continue dialysis to prolong her life after a suicide attempt failed, but was found by Mr Justice Macdonald to be capable of deciding whether or not to receive it.
After C died, several newspapers applied to have reporting restrictions on the identity of C to be lifted with C’s daughters, known as “V” and “G”, arguing the opposite.
Those newspapers included Associated Newspapers Ltd (The Daily Mail, Mail on Sunday, Metro), Times Newspapers, Independent News and Media (formerly the Independent, Independent on Sunday, The i), Telegraph Media.
Presiding, Judge Charles said: “The COP has jurisdiction after the finding that C had capacity and her death to make the reporting restrictions order sought by the Applicant but insofar as it may be necessary or appropriate I will also make it as a High Court judge.
“I make that order until further order of the court and on the basis that it will cover the reporting of C’s inquest.
He continued: “Reporting restrictions orders in serious medical treatment cases can extend beyond the death of the subject of those proceedings and there is no presumption or default position that such orders should end on their death.
“In this case the Article 8 rights of all of C’s children are engaged.
“The essential reason for the engagement of those Article 8 rights is that the COP has invaded their private and family lives and made a finding as to its jurisdiction that has had a profound effect and impact on C’s family and is based on evidence that relates to the private and family lives of C and her family (and in particular her children).”