Wyatt, Re [2006] EWHC 319 (Fam) (23 February 2006)

Wyatt, Re [2006] EWHC 319 (Fam) (23 February 2006)

It is in the best interests of Charlotte Wyatt that medical professionals be permitted to refrain from intubation and ventilation if her condition deteriorates, as such intervention would be futile and not in her best interests.

Citation
[2006] EWHC 319 (Fam)
Parties
Subject Child: Charlotte Wyatt; Parent: Mr. Wyatt; Parent: Mrs. Wyatt; Treating Doctor: Dr. K; CAFCASS Expert: Dr. F; Parents' Expert: Dr. G
Jurisdiction
England and Wales
Judgment Date
23 February 2006
Procedural Posture
Family Proceedings (medical Treatment) / Judgment on Application for Declaration Regarding Medical Treatment
Outcome
Declaration granted; medical professionals may lawfully refrain from intubation and ventilation if clinically indicated.
Legal Topics
Best Interests of Child, Withdrawal of Medical Treatment, Parental Responsibility, Court Declarations
Family Law Medical Law Best Interests of Child Withdrawal of Medical Treatment Parental Responsibility Court Declarations

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Parties

Charlotte Wyatt

Subject Child

Mr. Wyatt

Parent

Mrs. Wyatt

Parent

Dr. K

Treating Doctor

Dr. F

CAFCASS Expert

Dr. G

Parents' Expert

Procedural Posture

Family Proceedings (medical Treatment) / Judgment on Application for Declaration Regarding Medical Treatment

Legal Issues

  1. 1 Whether it is lawful for medical professionals to refrain from intubation and ventilation of Charlotte Wyatt if her condition deteriorates
  2. 2 What is in the best interests of Charlotte Wyatt regarding further invasive medical intervention

Ratio Decidendi

It is in the best interests of Charlotte Wyatt that medical professionals be permitted to refrain from intubation and ventilation if her condition deteriorates, as such intervention would be futile and not in her best interests.

Court Disposition

Declaration granted; medical professionals may lawfully refrain from intubation and ventilation if clinically indicated.

Orders

  • Medical professionals are permitted (but not required) to refrain from intubation and ventilation of Charlotte Wyatt if her condition deteriorates and in their judgment such intervention would not be in her best interests.
  • CPAP and all other appropriate care, including palliative care, to continue as clinically indicated.