Elderly man accused of historical child sex abuse might be allowed to starve himself to death, says judge
Court considers whether he has mental capacity to choose his fate
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An elderly man who stopped eating after being accused of historical child sex abuse might be allowed to starve himself to death, a judge has said.
The man, in his late 80s, is at the centre of litigation in the Court of Protection, where issues relating to people who may lack the mental capacity to make decisions are considered.
Mr Justice Hayden has been asked to decide whether the man should be fed through a tube against his will to keep him alive.
The judge oversaw a hearing on Monday.
Hospital medics were giving the man water on the basis that he lacked the mental capacity to make decisions about eating and drinking, the judge was told.
But he said there was also evidence that the man did have the mental capacity to make such decisions.
Mr Justice Hayden said: “If he wants to starve himself to death, and that is his view, then that is his entitlement.
“The Court of Protection is not here simply to protect people from outcomes that we don’t like. It is also here to protect their autonomy.”
Mr Justice Hayden has been told the man, a father of two, went on “hunger strike” after learning that police had begun an investigation into allegations of historical child sex abuse.
The judge has heard there are a number of alleged victims, including the man’s daughter.
He is due to oversee another hearing on Wednesday.
The judge said the man, who lives in a care home in the southwest, could not be identified in media reports of the case.
Submissions were heard from lawyers representing the man and those representing the council with responsibility for the man’s care.
Lawyers representing the man initially launched litigation after he said he wanted to leave a care facility and return home. Issues relating to his hunger strike then arose.
Press Association