F v West Berkshire Health Authority

Facts

F was an adult woman with a serious mental disability. She had formed a sexual relationship. Doctors considered that pregnancy would be disastrous for her mental health. She could not consent to sterilisation. The hospital sought a declaration.

Issue

Can treatment be given, without consent, on the ground of necessity?

Held

Yes. Lord Goff founded the decision on necessity. The treatment had to be in the best interests of a person who could not decide.

Principle

Necessity can justify medical treatment of a person who lacks capacity, where the treatment is in that person's interests.

Why it matters

It is the third, controversial, category of necessity: an act done for a person who cannot consent.

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