A BEREAVED mother has won her High Court case over a "do not resuscitate" notice that was placed on the file of her disabled son.

Elaine Winspear, of Washington, Tyne and Wear, lost 28-year-old Carl, who had cerebral palsy, epilepsy and spinal deformities, in January 2011 after he was admitted to hospital in Sunderland with a chest infection.

In her claim against City Hospitals Sunderland NHS Foundation Trust, she said that placing the Do Not Attempt Cardio-Pulmonary Resuscitation (DNACPR) notice on her son's record from 3am on the day he died until it was cancelled some time after 12.30pm - without any consultation with someone representing his interests - was a breach of his Article 8 rights, which refer to respect for private and family life.

Today (Friday, November 13) in London, Mr Justice Blake granted Mrs Winspear a declaration that her son's rights under the Human Rights Act were violated by the failure to involve her in the decision-making process that led to the notice.

The judge, who made no award of damages, said that the notice had no impact on Mr Winspear's actual treatment or the timing and manner of his death.

After the ruling, Mrs Winspear said: "It has been a long and emotional four years but it now finally feels like we have justice for Carl.

"I was Carl's voice and I feel that I was left out of a critical decision in his life, a decision which I should have been consulted on as his mother and his carer.

"Lessons must be learned from this case and the way in which these types of orders are imposed on people and a national policy should be put in place for all trusts so that it cannot happen again and so that doctors stay within the law.

"These orders should be discussed and signed for by both parties before being placed or cancelled."

Merry Varney, from law firm Leigh Day, said: "Carl was unable to discuss his medical treatment with his doctors, and relied on his mother and other family to do this for him. Today's judgment makes it clear that it is not just a matter of good practice but a legal requirement for doctors to consult with family and carers before imposing DNACPR orders on patients without capacity to discuss resuscitation themselves, unless there are clear and convincing reasons not to."

Jan Tregelles, CEO of Mencap, said: "Today's judgment is a landmark for people with a learning disability, and their families.

"Many families who have lost their loved ones to poor care within the NHS have told us about the inappropriate use of Do Not Attempt Resuscitate (DNAR) Orders.

"Like this tragic case, they tell us that DNAR notices have been applied without their knowledge or involvement in the decision."

In his ruling, the judge said that he was not satisfied that it was "other than practicable and appropriate" to have attempted to contact Mrs Winspear before the notice - which lasted for nine to ten hours - was put on her son's records.

"Although her willingness to be woken in the small hours was not known to the clinicians at the time, the fact that she had a telephone, had been Carl's carer from birth, had been in hospital the previous day and had kept in touch with nursing staff would or should have been known."