An NHS Trust v MB

An NHS Trust v MB

It is not currently in the best interests of M to discontinue ventilation with the inevitable result that he will immediately die. The benefits of continued life, including assumed normal cognition and pleasure from family relationships, outweigh the burdens of discomfort, distress, and pain at this time. However, it is in M's best interests and lawful to withhold or not administer certain invasive treatments (CPR, intravenous antibiotics, blood sampling, ECG monitoring for CPR) if required, as these would not be justified when death is near.

Parties
Claimant: An NHS Trust; First Defendant: MB (a child, represented by the Children and Family Court Advisory & Support Service as guardian ad litem); Second Defendants: Mr & Mrs B (parents)
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Originating Summons (application for Declarations) / Judgment After Full Hearing
Outcome
Application by NHS Trust for withdrawal of ventilation refused; cross-application by parents for tracheostomy dismissed; declaration granted permitting withholding of certain invasive treatments.
Legal Topics
Withdrawal of Life Sustaining Treatment, Best Interests of the Child, Parental Consent, Medical Ethics, Children Act 1989, Withholding and Withdrawal of Treatment
Family Law Medical Law Children Law Withdrawal of Life Sustaining Treatment Best Interests of the Child Parental Consent Medical Ethics Children Act 1989 +1 more

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Parties

An NHS Trust

Claimant

MB (a child, represented by the Children and Family Court Advisory & Support Service as guardian ad litem)

First Defendant

Mr & Mrs B (parents)

Second Defendants

Procedural Posture

Originating Summons (application for Declarations) / Judgment After Full Hearing

Legal Issues

  1. 1 Whether it is in the best interests of a conscious child with severe Type 1 SMA to have artificial ventilation withdrawn, resulting in immediate death, against the wishes of the parents.
  2. 2 Whether it is lawful to withhold or withdraw certain forms of medical treatment, including ventilation, CPR, intravenous antibiotics, and blood sampling, from a child lacking capacity.

Ratio Decidendi

It is not currently in the best interests of M to discontinue ventilation with the inevitable result that he will immediately die. The benefits of continued life, including assumed normal cognition and pleasure from family relationships, outweigh the burdens of discomfort, distress, and pain at this time. However, it is in M's best interests and lawful to withhold or not administer certain invasive treatments (CPR, intravenous antibiotics, blood sampling, ECG monitoring for CPR) if required, as these would not be justified when death is near.

Court Disposition

Application by NHS Trust for withdrawal of ventilation refused; cross-application by parents for tracheostomy dismissed; declaration granted permitting withholding of certain invasive treatments.

Orders

  • Refusal to declare lawful the withdrawal of ventilation at this time.
  • Declaration that it is in M's best interests and lawful to withhold or not administer CPR, ECG monitoring for CPR, intravenous antibiotics, and blood sampling if required.