Barts Health NHS Trust v Hollie Dance & Ors.

Barts Health NHS Trust v Hollie Dance & Ors.

The judge erred by focusing on a declaration of death without a brain stem test in accordance with the Code and without a medical witness diagnosing death. Once it was clear that a brain stem test could not be performed, the judge should have proceeded to a best interests evaluation. The procedural mis-step requires the best interests determination to be remitted for a fresh assessment.

Parties
Applicant/respondent: Barts Health NHS Trust; Respondent/appellant: Hollie Dance; Respondent/appellant: Paul Battersbee; 3rd Respondent: Archie Battersbee (A child by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
06 July 2022
Procedural Posture
Family / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; best interests determination remitted to High Court
Legal Topics
Withdrawal of Life Sustaining Treatment, Best Interests of the Child, Diagnosis of Death, Children Act 1989, Human Rights (article 9 Echr)
Family Law Medical Law Withdrawal of Life Sustaining Treatment Best Interests of the Child Diagnosis of Death Children Act 1989 Human Rights (article 9 Echr)

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Parties

Barts Health NHS Trust

Applicant/respondent

Hollie Dance

Respondent/appellant

Paul Battersbee

Respondent/appellant

Archie Battersbee (A child by his Children’s Guardian)

3rd Respondent

Procedural Posture

Family / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in making a declaration of death without a brain stem test
  2. 2 Whether the judge should have proceeded to a best interests evaluation
  3. 3 Whether the criminal or civil standard of proof applies to a declaration of death

Ratio Decidendi

The judge erred by focusing on a declaration of death without a brain stem test in accordance with the Code and without a medical witness diagnosing death. Once it was clear that a brain stem test could not be performed, the judge should have proceeded to a best interests evaluation. The procedural mis-step requires the best interests determination to be remitted for a fresh assessment.

Court Disposition

Appeal allowed; best interests determination remitted to High Court

Orders

  • Remitted to Hayden J for best interests determination
  • A new guardian to be appointed to provide a best interests evaluation