Life-sustaining treatment, permanent vegetative state and “the other plane”: the COP Vice President considers spiritualism, the Grainger criteria and Article 2
12th August 2025
A significant judgment was handed down this afternoon by the Vice President of the Court of Protection. YD is in a permanent vegetative state. The NHS Trust treating him with clinically assisted artificial nutrition and hydration applied for a declaration that it would be lawful, being in his best interests, to withdraw life-sustaining treatment. The application was opposed by YD’s partners and by the Official Solicitor and was ultimately refused.
Similar applications are made in the Court of Protection regularly. This matter is particularly notable because it is the first time the Court has had to assess and give weight to the wishes, feelings, values, and beliefs of an individual who was said to have had psychic and healing powers, and who believed in spiritualism and in his ability to communicate through extra-sensory means with “the other plane.”
In reaching its decision, the Court considered the Grainger criteria and YD’s Art 9, Art 8 and Art 2 ECHR rights, making this a rare and complex intersection of medical ethics, spiritual belief systems, and human rights law.
All counsel were from Serjeants’ Inn:
- Katie Gollop KC represented YD, instructed by the Official Solicitor.
- Andrew Hockton acted pro bono for YD’s partners, instructed by Advocate.
- Eloise Power acted for the applicant NHS Trust, instructed by Clydes.
Read the judgment here.
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