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<p>This is an extremely difficult and sensitive case, and the Government will consider
the Court of Appeal judgment carefully.</p><p> </p><p>The Court of Protection hears
cases about some of the most vulnerable people in society, making decisions about
personal welfare – including serious medical treatment - where the person lacks capacity
to do so for themselves. In doing so it must follow the principles of the Mental Capacity
Act 2005 (MCA). In particular the MCA stipulates that decisions must be in the person’s
best interests, taking into account all the circumstances of the case, including the
wishes, feelings, beliefs and values of the person, and must be the least restrictive
of their rights and freedoms.</p><p> </p><p>It is right that such serious and difficult
decisions – particularly where there is disagreement about what is in the person’s
best interests - are made by the independent judiciary.</p><p> </p><p>The statutory
MCA Code of Practice provides practical guidance on the operation of the MCA and is
currently under review. We have sought input from a range of interested stakeholders
through a call for evidence in January and propose to consult on a revised Code towards
the end of this year.</p>
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