Assignment task:
Soraya is separated from her husband Samuel. Soraya lives with her daughter, Alicia aged 15. Soraya's partner Martin also lives at the house. Soraya also has a brother, Marcus, who she is responsible for. Marcus is 34 years old and has learning difficulties. He is now in residential care at 'Reed House', forty miles away, and returns home for one weekend each month.
Samuel had been diagnosed with an incurable neurological disease in 2021. The disease is both degenerative and wasting in nature and has no known cure. The inevitable end to the disease is a slow and difficult death. Samuel is determined to fight the disease for as long as he can but when it all gets too difficult for him, he wishes to travel to Switzerland to take his own life with the assistance of a clinic. Samuel and Soraya are still on friendly terms and Samuel has asked Soraya to help with his travel arrangements to go to Switzerland when he thought it was time to go.
Alicia has become upset over various matters. She has become withdrawn and refuses to talk about the situation. Alicia has been skipping meals for some time and she has lost a good deal of weight. Soraya is extremely concerned about this and has taken Alicia to see the family GP, Dr Misra. Alicia has been diagnosed with Anorexia Nervosa. Dr Misra has recommended that Alicia be admitted to a specialist hospital for treatment as soon as possible. However, she is refusing to go and has stated that she will run away if her mother tries to force her. Alicia has been classed as academically gifted and mature for her age. Samuel believes that Alicia is mature enough to make her own decisions with respect to her treatment and does not wish to be involved.
Soraya's brother Marcus has settled very well at 'Reed House', a residential home for adults with learning disabilities. He is outgoing and sociable; however, he has the intellectual capacity of a four- to five-year-old child and has mild epilepsy. Marcus has become very close to Diana, a fellow resident at 'Reed House', and has told staff that he 'loves Diana and wishes to marry her'. The senior manager, Dr Smith, who is responsible for Marcus's care has spoken to Soraya to express her concern over the relationship as she fears the couple may become sexually active. This has resulted in Marcus and Diana requiring more supervision than is usual. Although Soraya is happy for Marcus to continue the relationship with Diana, she is very worried that Diana may become pregnant, and Marcus would be unable to understand the risks involved. Soraya has discussed the possibility of Marcus undergoing a vasectomy operation as she wants him to experience close relationships in as normal a way as possible.
Six months ago, Martin underwent an operation to relieve chronic pain in his right knee. He was operated on by consultant orthopaedic surgeon, Dr Janet Franklin, at the Silchester County Hospital. The procedure seemed to go well, however, Martin has started to experience numbness in his lower right leg since the operation and this has had an impact on the physical aspects of his work and his ability to walk far. Martin does not remember Dr Franklin telling him about the risk of numbness associated with the procedure. He has also discovered that the procedure has only been adopted by a small number of surgeons in the UK. Martin is very concerned that he may have to relinquish his job as a postman if these symptoms continue. Martin has said that if he had been told of the risk of numbness, he would have sought a second opinion and taken more time to decide whether to have the operation.
Please answer all four questions below. Students should consider both the legal and ethical principles involved.
Advise using IRAC structure the following questions:
Q1. On any potential legal repercussions for Soraya if she helps Samuel to travel to Switzerland.
Q2. As to any steps Soraya can take to ensure that Alicia receives the medical treatment necessary for her condition.
Q3. Explain the law surrounding non-therapeutic sterilisation of people with learning disabilities and advise Soraya on the likelihood of obtaining a declaration from the court that a vasectomy can take place in relation to Marcus
Q4. Advise Martin whether he can claim compensation if his leg does not recover from the numbness
Use the United Kingdom legislation only. Giving as example legal articles.