Autistic man should not be forced to have dialysis, judge rules

The judge said the 26-year-old man, who is being treated in Nottingham, could not be named in reports on the case

An autistic man with "chronic" kidney disease should not be forced to undergo dialysis, despite the "potentially fatal consequence of not having it", a judge has ruled.

The 26-year-old man, who is being treated in Nottingham, did not "accept" he had the disease, nor see the need for dialysis, the judge said.

Mr Justice Hayden was asked to decide what moves were in his best interests.

But he said: "All I could do was tell him that the decision was his."

The man's mother, who has mental health difficulties, did not accept the diagnosis either, the judge was told at a hearing at the Court of Protection in London, which considers issues relating to people who may not have the mental capacity to make decisions.

Lawyers representing specialists said "repeated attempts" to explain the "need" for dialysis and the "potentially fatal consequence of not having it" had been unsuccessful.

They said doctors thought it would not be in the man's best interests for "any form of restraint" to be used to "compel his attendance" at hospital or "secure dialysis".

'Wanted to live'

The judge - who has issued a written ruling following the hearing - decided forced restraint would "compromise his dignity".

He said he had spoken to the man during the hearing on a private video-link.

"[The man] does not want to die," the judge said. "I formed the impression that he very much wanted to live."

"Ultimately, all I could do was tell him that the decision was his."

The judge said the man could not be named in reports of the case.

He added bosses at Nottingham University Hospitals NHS Trust had responsibility for the man's care and had begun litigation.

Belinda Dring, a divisional nurse for the trust, described the case as "desperately sad".

She said: "The multi-disciplinary team has worked closely with the patient, and family, over a long period of time to assist understanding of their clinical condition, and to explore all options for their care.

"We are pleased that the court has recognised the compassion and dedication with which we have gone about our work."