Medical Treatment Decisions and the Law covers an increasingly important area of law, seeking to place medical decision-making in its context and to provide practical guidance to the solution of many problems likely to be encountered in practice.

It concentrates on the decisions involved in obtaining authority for the provision, the withholding and withdrawal of physical medical treatment and care and the legal requirements and consequences of the decision-making process.


The third edition is fully updated to include:

Cases on deprivation and restraint of liberty since the second edition;
The March 2014 Supreme Court case of Cheshire West and P&Q, Article 5 ECHR;
The Supreme Court case in Aintree v James;
PC v City of York in which MacFarlane LJ emphasised the “decision specific” approach of the Mental Capacity Act;
Important cases on the assessment and treatment of anorexic patients;
The position where treatment has been refused by the patient (including force feeding and gynaecological treatment).

Part 1 General principles
1 Consent – General
2 Consent – Adults
3 Deciding for Others – Adults
4 Deciding for Others – Children
5 Going to Court
6 Restraint and Deprivation of Liberty
Part 2 Specific problems
7 Sterilisation
8 Abortion
9 Assisted Reproduction
10 Managing Pregnancies
11 Feeding
12 Religious Objections to Treatment
13 Permanent Vegetative and Minimally Conscious States
14 Treating Suicidal Patients
15 The End of Life
16 Human Organ and Tissue Donation
17 Access to Healthcare
Appendix 1.1 Mental Capacity Act 2005
Appendix 1.2 Consent form 1 (sample)
Appendix 1.3 DOH: Information to assist in amending consent forms
Appendix 1.4 GMC: 'Consent: patients and doctors making decisions together' (2008)
Appendix 1.5 GMC: 'Good Medical Practice' (2013)
Appendix 2.1 Advance decision to refuse treatment (ADRT)
Appendix 4.1 Balance Sheet in An NHS Trust v MB [2006] EWHC 507(Fam)
Appendix 5.1 Court of Protection Practice Direction 9E: How to start proceedings
Appendix 5.2 Court of Protection Practice Direction 10B: Applications within proceedings
Appendix 5.3 Practice Direction 12A: Dealing with applications
Appendix 5.4 Practice Direction 13A – Hearings (Including Reporting Restrictions)
Appendix 5.5 President's guidance: Transparency in the Family Court and Publication of Judgments (16 January 2014)
Appendix 5.6 President's guidance: Transparency in the Court of Protection and Publication of Judgments (16 January 2014)
Appendix 5.7 Practice note: The Official Solicitor to the Senior Courts: Appointment in Family Proceedings and Proceedings under the Inherent Jurisdiction in relation to Adults (March 2013)
Appendix 5.8 FPR Practice Direction 12D – Inherent Jurisdiction (Including Wardship) Proceedings
Appendix 5.9 FPR Practice Direction 12I – Applications for Reporting Restrictions Orders
Appendix 5.10 FPR Practice Direction 16A: Representation of Children
Appendix 5.11 Sample wording to ensure a medical treatment case is heard before the appropriate judge
Appendix 5.12 Suggested directions to include in a draft Order to secure the appointment of the Official Solicitor
Appendix 5.13 Sample draft order for first directions hearing in a medical treatment case in the Court of Protection
Appendix 5.14 Sample Reporting Restrictions Order
Appendix 5.15 Sample final order in a medical treatment case in the Court of Protection
Appendix 5.16 Sample draft order for first directions hearing in an urgent medical treatment case concerning a minor in the High Court
Appendix 5.17 Sample draft order for first directions hearing in a non-urgent medical treatment case concerning a minor in the High Court
Appendix 5.18 Sample final order for first directions hearing in a medical treatment case concerning a minor in the High Court
Appendix 6.1 Order permitting use of restraint and authorising a deprivation of liberty
Appendix 6.2 Interim Order providing for Court of Protection reviews of deprivation of liberty where there is no MCA Sch A1 authorisation
Appendix 6.3 Overview of deprivation of liberty safeguards
Appendix 8.1 Abortion Act 1967
Appendix 8.2 Abortion Regulations 1991
Appendix 8.3 Form of Certification under the Abortion Regulations 1991
Appendix 8.4 Form of Certification under the Abortion Regulations 1991: Emergency Case
Appendix 8.5 Abortion Regulations 1991 Schedule 2
Appendix 10.1 Court of Appeal Guidelines: Re MB Guidelines and St George's Healthcare v S Guidelines
Appendix 10.2 Court of Protection Guidance: FG
Appendix 10.3 Draft Order Permitting Caesarean Section (Urgent Case)
Appendix 12.1 Draft Form for Refusal of Treatment to be Signed by the Patient
Appendix 12.2 Draft Record of Refusal of Treatment to be Signed by Doctor
Appendix 12.3 Draft Specific Issue Order for Administration of Blood Products to Child
Appendix 14.1 Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide

“...it can rightly claim to be the authoritative practitioner text for medical treatment cases...admirably current...should therefore find its way speedily into the hands of Trust lawyers and those who advise Trusts and CCGs, so as to assist the further development of good practice. It should also find its way into the hands of anyone else who is concerned to understand how the law and medicine interact in practice.” –  Alex Ruck Keene, www.mentalcapacitylawandpolicy.org.uk

“...a book for practitioners written by practitioners. It is as close to granting the reader a free, direct advice-line to counsel, as the joint heads of Serjeants' Inn are ever likely to permit...a wonderfully user-friendly, quick reference guide...” –  David Locke, New Law Journal