An NHS Trust v C NHS Trust & Ors

An NHS Trust v C NHS Trust & Ors

Although CX is Gillick competent, the court has power to override his refusal of blood transfusions where it is in his best interests. The medical evidence demonstrates that without blood products, CX’s life is at significant risk and the proposed treatment cannot be safely delivered. The court declares it lawful and in CX’s best interests to administer blood and blood products as part of his treatment plan, even without his or his mother’s consent.

Parties
Applicant: An NHS Trust; First Respondent: CX; Second Respondent: C NHS Trust; Third Respondent: D NHS Trust; Fourth Respondent: CX (through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
30 October 2019
Procedural Posture
Originating Summons / Judgment
Outcome
Declaration granted; treatment authorised.
Legal Topics
Gillick Competence, Consent to Medical Treatment, Jehovah's Witnesses and Blood Transfusion, Best Interests of the Child
Family Law Medical Law Child Law Gillick Competence Consent to Medical Treatment Jehovah's Witnesses and Blood Transfusion Best Interests of the Child

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Parties

An NHS Trust

Applicant

CX

First Respondent

C NHS Trust

Second Respondent

D NHS Trust

Third Respondent

CX (through his Children’s Guardian)

Fourth Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether CX is Gillick competent to refuse blood transfusions as part of cancer treatment
  2. 2 Whether it is lawful and in CX's best interests to administer blood and blood products without consent

Ratio Decidendi

Although CX is Gillick competent, the court has power to override his refusal of blood transfusions where it is in his best interests. The medical evidence demonstrates that without blood products, CX’s life is at significant risk and the proposed treatment cannot be safely delivered. The court declares it lawful and in CX’s best interests to administer blood and blood products as part of his treatment plan, even without his or his mother’s consent.

Court Disposition

Declaration granted; treatment authorised.

Orders

  • It is lawful and in CX’s best interests to receive blood and blood products as part of the proposed treatment plan.
  • The applicant NHS Trust is authorised to commence treatment immediately in accordance with the agreed plan.