Ben McCormack in urgent CoP case about medical treatment for 29-year-old with learning disabilities and autism

13 October 2023

Ben McCormack

Ben McCormack represented Camilla Tooke in an urgent Court of Protection case this week before Mr Justice Hayden, about medical treatment for her 29-year-old son Jordan. Jordan has learning disabilities and autism, as well as chronic kidney disease, meaning that without dialysis or a transplant, he has only months to live. Jordan’s disabilities mean that it will be particularly hard for him to tolerate the haemodialysis he requires. His hospital Trust did not think any further treatment to be in his best interests, but nonetheless proposed a plan by which Jordan could have dialysis, albeit under intravenous sedation – with the decision as to whether this plan for treatment was in his best interests being left to the court to determine.

Following evidence being given by a range of clinicians, as well as Jordan’s parents Camilla and Ian, Mr Justice Hayden determined the proposed treatment was in his best interests. In reaching his decision the judge focussed heavily on Jordan himself and sought to draw out as much information as was possible as to his wishes and feelings, beliefs and values, to inform the difficult decision as to whether this complex and potentially burdensome treatment would be what Jordan would want.

Read the judgement in this case here.

Ben was instructed by Liz Davis, solicitor at Irwin Mitchell in Manchester.

You can read more about Jordan and the case in the links to the media coverage below:

ITV News.
BBC News.

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