Manchester University NHS Foundation Trust v WV [2022] EWCOP 9: The Court of Protection: On balancing risks; best interests and kidney transplantation

At first glance, this case might give the impression that a resolution would have been straightforward. A 17-year-old young man with moderate to severe learning disabilities and other conditions discussed below required a kidney transplant–the Court of Protection was tasked with determining whether this was in his best interests. However, the case of WV was in fact far more technical and required nuanced discussion and expert medical evidence from a range of specialists to objectively balance the needs of WV and the risks to WV, and to ultimately determine his fate of life or death based on receiving a kidney transplant. Manchester University NHS Foundation Trust (“The Trust”) applied for a declaration in relation to the capacity of William Verdon (“WV”) and for the court to consider whether an order should be made that it was not in his best interests to have a kidney transplant with sedation and ventilation post-operatively.