A 50-year-old woman who cannot “continue the fight” after battling anorexia nervosa since she was 14 should not be force fed, a judge has ruled after a hearing in a specialist court.
Mr Justice Mostyn was asked to make decisions about what moves were in the woman’s best interests by bosses at an NHS trust responsible for her care.
He described the case as “very disturbing”.
The judge said the woman who, at the start of May, weighed 31.9kg had told him she had battled the condition for 36 years but could not “continue the fight”.
He heard that she suffered from “overpowering delusions” and her condition was “entirely involuntary”.
The woman had in recent weeks equivocated between wanting to be “taken to a hospice to die” and ingesting “minimal” amounts.
She had made it “absolutely clear” that she did not want to be force fed and found the idea “abhorrent”.
Mr Justice Mostyn said clinicians treating her had also said they would not force feed.
The judge decided that she lacked the mental capacity to make decisions about care and treatment options in respect of her nutrition and hydration, and lacked the capacity to litigate.
But he was “quite sure” that her “very strong” wish not to be force fed should be respected and ruled that it would be lawful for medics not to force feed.
He made the ruling on Thursday after overseeing an online hearing in the Court of Protection, where judges consider issues about people who lack the mental capacity to make decisions.
Mr Justice Mostyn, who is based in London and also oversees hearings in the Family Division of the High Court, said the woman could not be identified in media reports of the case.
Barrister Emma Sutton KC represented the woman’s interests and was instructed by staff from the office of the Official Solicitor, which provides help to vulnerable people involved in litigation.
Lawyers led by Vikram Sachdeva KC, representing the North East London NHS Foundation Trust, based in Rainham, Essex, had asked the judge to make decisions about what moves were in the woman’s best interests.
“She has bravely battled this terrible condition for 36 years,” said Mr Justice Mostyn.
“She now says that she cannot continue the fight.
“She declares she no longer has the strength or other mental resources to carry on the struggle and is now ready to capitulate.”
He described the woman as “highly intelligent” and said, if she died, the world would be “an emptier place”.
