Carers can deny toothless, disabled prisoner sweets, judges rule

Boiled sweets put the man, referred to as JJ, at risk of choking

Carers can refuse a toothless, disabled prisoner boiled sweets as he may choke to death leaving them at risk of prosecution, appeal judges have ruled.

The man, referred to as JJ, is quadriplegic, serving a long sentence in HMP Liverpool and is on hunger strike over the issue.

He brought the legal action against his carers, saying their decision was in breach of his right to autonomy.

But the Court of Appeal ruled in favour of JJ's carers.

On a decision handed down on Tuesday, Lady Justice King said JJ was bed-bound and entirely dependent on carers for personal care and feeding, which is delivered while he is lying down.

Surviving on fluids

She said his mind and communication skills were unimpaired, but physically all he can do is push a button with one finger and has already had several episodes of choking while in custody.

He had previously eaten boiled sweets and other snacks from the prison canteen, but after an assessment it was recommended he should only have soft food.

JJ took legal action against Spectrum Community Health, which is responsible for his care in the prison.

He wants control over his diet and has been on hunger strike since June 2021. Since then he has survived on fluids, apart from in May last year when he ate some cake, custard and ice-cream while in a hospice.

His lawyers argued at the High Court in July last year that Spectrum's refusal to feed him foods of his choice was unlawful because it was irrational, discriminatory and in breach of his right to autonomy and "physical and psychological integrity".

But his case was dismissed in September by a judge who concluded Spectrum's feeding policy was "rational, necessary and proportionate", because of the risks of reintroducing solid food into his diet.

'Last shred of humanity'

JJ appealed against the ruling, saying in a witness statement that he had lost "almost everything" in his life and that "being able to eat what I want represents my last shred of humanity and dignity".

However, sitting with the Lord Chief Justice Lord Burnett and Lord Justice Lewis, Lady Justice King dismissed JJ's appeal and upheld the High Court judge's decision.

"One can fully understand the dire situation in which JJ finds himself," she said.

"And [one] view says that if JJ understands and is happy to take the risk of choking for the modest pleasure of eating a boiled sweet, then that is a matter for him.

"It may be that in certain different medical circumstances the balance would come down in JJ's favour but not, in my view, in this case.

"Giving JJ that boiled sweet may cause him to choke to death... in circumstances where JJ's advance decision would prevent all but the most basic life-saving intervention."

She said that in the judges' opinion JJ's carers would then be "at risk of prosecution... for gross negligence manslaughter".

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