An NHS Trust v SK (Best Interests Decision -Palliative Care)

An NHS Trust v SK (Best Interests Decision -Palliative Care)

The court found SK’s diagnosis and prognosis to be correct based on overwhelming medical evidence. The palliative treatment plan proposed by the Trust, including pain management, psycho-oncology, and palliative chemotherapy (subject to SK’s agreement), was declared to be in SK’s best interests. The parents’ alternative plan was rejected as it was based on mistaken beliefs and not supported by medical evidence. An order was made prohibiting the parents from impeding the delivery of the treatment plan.

Parties
Applicant: An NHS Trust; First Respondent: BK; Second Respondent: LK; Third Respondent: SK (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
04 November 2016
Procedural Posture
Family Division Medical Treatment / Final Judgment
Outcome
Declaration granted; order made in terms proposed by the Trust and supported by the Children’s Guardian.
Legal Topics
Inherent Jurisdiction, Children Act 1989, Best Interests, Gillick Competence, Medical Treatment Disputes, Palliative Care, Parental Consent, Right to Life (echr)
Family Law Medical Law Child Law Inherent Jurisdiction Children Act 1989 Best Interests Gillick Competence Medical Treatment Disputes +3 more

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Parties

An NHS Trust

Applicant

BK

First Respondent

LK

Second Respondent

SK (by his Children’s Guardian)

Third Respondent

Procedural Posture

Family Division Medical Treatment / Final Judgment

Legal Issues

  1. 1 Correctness of SK’s diagnosis of high grade recurrent osteosarcoma with metastatic lung disease
  2. 2 Correctness of SK’s terminal prognosis
  3. 3 Whether the palliative treatment plan proposed by the Trust is in SK’s best interests

Ratio Decidendi

The court found SK’s diagnosis and prognosis to be correct based on overwhelming medical evidence. The palliative treatment plan proposed by the Trust, including pain management, psycho-oncology, and palliative chemotherapy (subject to SK’s agreement), was declared to be in SK’s best interests. The parents’ alternative plan was rejected as it was based on mistaken beliefs and not supported by medical evidence. An order was made prohibiting the parents from impeding the delivery of the treatment plan.

Court Disposition

Declaration granted; order made in terms proposed by the Trust and supported by the Children’s Guardian.

Orders

  • Declaration that it is in SK’s best interests to receive palliative care treatment in accordance with the Trust’s plan, including psycho-oncology, pain management, wound care, and palliative chemotherapy subject to SK’s agreement.
  • Order prohibiting the parents from preventing or impeding the effective delivery of psycho-oncology services, symptom management, further treatment, and palliative chemotherapy if SK agrees.