Capacity is decision-specific and time-specific
The authorities repeatedly distinguish capacity to litigate, capacity to decide about nutrition/hydration, capacity to decide about other medical treatment, and capacity for residence or care arrangements. Anorexia may impair the ability to use and weigh information without removing capacity for every related decision.
Cases to reach for: Ms X, AB, ER, Beatrice, Patricia and CC.
Best interests is not a slogan for preservation of life at any cost
The court weighs life, dignity, wishes and feelings, clinical futility, trauma, burden, prospects of benefit, the person's story, and the least restrictive option. In some cases non-compulsion or palliative care has been authorised; in LV, highly invasive ICU feeding under sedation was authorised as a last-resort life-saving treatment.
Cases to reach for: W, RD, Beatrice No 2, Patricia, LV, FF and Patricia's Father.
The route matters
Where a person is detained under the MHA and treatment falls within Part 4 or s.63 territory, the MCA cannot simply be used to authorise what the MHA regulates. FF is especially important for the route to declarations about non-treatment or withdrawal of force under the MHA.
Cases to reach for: Cheshire and Wirral v Z, RD, LV, Cwm Taf v AB and FF.
Restrictions may be part of the factual picture even where DoLS is not the headline issue
The supplied research did not identify a standalone reported DoLS eating-disorder case in the period. Southwark v NP remains useful where the dispute includes residence, welfare, care arrangements and restrictive placement. Modern treatment cases may still involve intense restraint, confinement or hospital restrictions.
Case to reach for: Southwark v NP, with context from 2023-2025 medical treatment cases.