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"The court is not entitled to test that decision against what the court thinks is right. The right and responsibility for such a decision belongs alone to Mrs Z."

The judge, who had been told that the local authority had informed the police of the couple’s intentions, ruled that it had fulfilled its legal obligations to Mrs Z.

In those circumstances, the council had no wish to pursue its application for a civil court injunction, even though it might have power to do so.

Mark Everall QC, representing the local authority which provides care for the woman in her own home, told the judge that the woman was diagnosed in 1997 with cerebellar ataxia, a progressive degenerative brain disease.

Her husband at first refused to help her kill herself, but when her condition worsened, he made inquiries about assisted suicides in Switzerland where it is legal.

Helping a person commit suicide in Britain is punishable by up to 14 years in jail but the police had not been clear on whether helping someone travel to a country where it was legal constituted aiding a suicide, said Mr Everall.

"The husband has stated his view about it - that he will now comply with his wife's wishes.

"The adult children of the family are again in a similar position - while clearly not wishing such a thing to happen, they support their mother in the decision she has taken."

Jenny Richards, representing the Official Solicitor in court, said that Mrs Z's illness will eventually mean she will lose the ability to swallow and then could legally refuse treatment to be fed artificially.

"This is a far less dignified death than the one she has chosen," she said.

The husband's counsel, Malcolm Sharpe said the wife had "expressed a clear view" and psychiatric reports now proved that she had the capacity to make decisions.

A number of so-called suicide tourists have travelled from Britain to die in a clinic in Zurich, where euthanasia is not illegal. The centre is run by the non-profit organisation Dignitas.

Mr Everall said the local authority wanted to know whether its duties extended beyond telling the police that what it believed to be a criminal offence was about to be committed and disclosing the details such as date, time and place.

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