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A High Court judge has refused this week to intervene in the case of a man planning to help his terminally ill wife to commit suicide in Switzerland, writes Amy Taylor.

The judge lifted a temporary injunction banning the trip and has left it to the police to decide if the man is breaking the law.

The ruling came after a local authority providing care for the woman wanted clarification on whether it was their duty to restrain anyone from helping her make the trip.

The judge said the man had “arguably” committed an offence under the Suicide Act 1961 by making the arrangements.

The judge’s decision not to intervene meant that the Act was now “on its last legs”, Voluntary Euthanasia Society chief executive Deborah Annetts said.

The woman has cerebellar ataxia, a progressive degenerative brain disease, and wants to be go to a clinic in Zurich, which specialises in euthanasia.

The local authority, which has not been named, had known for some time the woman wanted to commit suicide and told the police of the couple’s intentions.

The judge ruled that the council had fulfilled its legal obligations to the woman.

The council has said it did not want to pursue a civil court injunction, even though it might have power to do so.

The judge granted an injunction last week so the woman’s capacity to make decisions on assisted suicide could be investigated.