Portsmouth NHS Trust v W & Ors [2005] EWHC 2293 (Fam) (21 October 2005)

Portsmouth NHS Trust v W & Ors [2005] EWHC 2293 (Fam) (21 October 2005)

No further declaratory relief is required because the medical evidence does not allow for advance prescription of circumstances for ventilation, and the law does not require a clinician to act contrary to their professional conscience or best clinical judgment, even in the face of parental opposition.

Citation
[2005] EWHC 2293 (Fam)
Parties
Claimant: Portsmouth NHS Trust; 1st Respondent: Mr W; 2nd Respondent: Mrs W; 2nd Respondent: CW by her Guardian (CAFCASS)
Jurisdiction
England and Wales
Judgment Date
21 October 2005
Procedural Posture
Family / Post Appeal Remittal and Review of Declaratory Relief
Outcome
Application for further declaratory relief refused
Legal Topics
Best Interests of Child, Declaratory Relief, Medical Treatment of Minors, Parental Responsibility, Clinician's Duty of Care
Family Law Medical Law Best Interests of Child Declaratory Relief Medical Treatment of Minors Parental Responsibility Clinician's Duty of Care

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Parties

Portsmouth NHS Trust

Claimant

Mr W

1st Respondent

Mrs W

2nd Respondent

CW by her Guardian (CAFCASS)

2nd Respondent

Procedural Posture

Family / Post Appeal Remittal and Review of Declaratory Relief

Legal Issues

  1. 1 Whether further declaratory relief should be granted regarding ventilation and treatment of CW
  2. 2 Whether a treating clinician can refuse to provide treatment requested by parents if it is against their professional conscience and clinical judgment
  3. 3 The scope and purpose of declaratory relief in medical treatment cases involving children

Ratio Decidendi

No further declaratory relief is required because the medical evidence does not allow for advance prescription of circumstances for ventilation, and the law does not require a clinician to act contrary to their professional conscience or best clinical judgment, even in the face of parental opposition.

Court Disposition

Application for further declaratory relief refused