Birmingham Children's NHS Trust v B & C (Rev 1)

Birmingham Children's NHS Trust v B & C (Rev 1)

It is in A’s best interests to undergo the proposed heart surgery and receive blood transfusions as necessary, notwithstanding parental religious objections, as refusal would severely compromise A’s survival and welfare.

Parties
Claimant: Birmingham Children’s NHS Trust; Defendant: B.; Defendant: C.
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Originating Application / Judgment
Outcome
application granted
Legal Topics
Best Interests of the Child, Medical Treatment, Religious Objection to Blood Transfusion
Family Law Medical Law Child Welfare Best Interests of the Child Medical Treatment Religious Objection to Blood Transfusion

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Parties

Birmingham Children’s NHS Trust

Claimant

B.

Defendant

C.

Defendant

Procedural Posture

Originating Application / Judgment

Legal Issues

  1. 1 Whether it is lawful to administer blood transfusions to a child against parental religious objections
  2. 2 Whether urgent heart surgery and related blood products are in the child's best interests

Ratio Decidendi

It is in A’s best interests to undergo the proposed heart surgery and receive blood transfusions as necessary, notwithstanding parental religious objections, as refusal would severely compromise A’s survival and welfare.

Court Disposition

application granted

Orders

  • It is lawful and in A’s best interests to undergo urgent heart surgery with blood transfusions and blood products as required.
  • In any immediately life-threatening situation, it is lawful for A to be given blood and/or blood products without parental consent.