Re: A (A Child)

Re: A (A Child)

The refusal to adjourn the hearing to allow the parents to obtain legal representation was unfair and must be set aside. The judge failed to consider and balance the relevant factors in favour of an adjournment, particularly the gravity of the issue, the parents' loss of representation through no fault of their own,...

Source-derived case information.

Parties
Subject/respondent: A (A Child); Appellants: Parents of A; First Respondent: NHS Trust; Second Respondent: Children's Guardian; Intervener: Local Authority
Jurisdiction
England and Wales
Judgment Date
09 September 2022
Procedural Posture
Appeal (family Division, Withdrawal of Treatment) / Appeal From High Court Decision Refusing Adjournment to Allow Legal Representation
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Withdrawal of Medical Treatment, Best Interests of the Child, Right to Fair Trial, Legal Representation, Reporting Restrictions
Family Law Medical Law Human Rights Withdrawal of Medical Treatment Best Interests of the Child Right to Fair Trial Legal Representation Reporting Restrictions

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Summary, issues, holding and outcome

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Parties

A (A Child)

Subject/respondent

Parents of A

Appellants

NHS Trust

First Respondent

Children's Guardian

Second Respondent

Local Authority

Intervener

Procedural Posture

Appeal (family Division, Withdrawal of Treatment) / Appeal From High Court Decision Refusing Adjournment to Allow Legal Representation

Legal Issues

  1. 1 Whether refusal to adjourn proceedings to allow parents to obtain legal representation breached their right to a fair trial under Article 6 ECHR and common law fairness.
  2. 2 Whether the proceedings as a whole were fair given the circumstances.

Ratio Decidendi

The refusal to adjourn the hearing to allow the parents to obtain legal representation was unfair and must be set aside. The judge failed to consider and balance the relevant factors in favour of an adjournment, particularly the gravity of the issue, the parents' loss of representation through no fault of their own, and the complexity of the case. The only factor against adjournment was the child's serious condition, but there was no clear balancing of this against the fairness owed to the parents. The appeal is allowed on common law fairness grounds; it is unnecessary to decide the Article 6 ECHR point.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • The Trust's application to withdraw treatment must be relisted before another judge at the earliest opportunity.
  • A case management hearing is to be held before Poole J on 13 September 2022.