M (Declaration of Death of Child)

M (Declaration of Death of Child)

Brain stem death, established by DNC tests in accordance with UK medical guidance, constitutes legal death; once death is established, best interests analysis is not applicable; parental consent to DNC testing was sufficient; reporting restrictions order was justified given the circumstances.

Parties
Subject Child: Midrar Namiq; Applicant/respondent: Manchester University NHS Foundation Trust; Appellants: Parents of Midrar Namiq
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Family / Application for Permission to Appeal and Substantive Appeal
Outcome
Permission to appeal refused on all grounds; declaration and reporting restrictions order amended.
Legal Topics
Declaration of Death, Withdrawal of Life Support, Reporting Restrictions, Consent to Medical Testing, Best Interests Analysis
Family Law Medical Law Human Rights Declaration of Death Withdrawal of Life Support Reporting Restrictions Consent to Medical Testing Best Interests Analysis

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Parties

Midrar Namiq

Subject Child

Manchester University NHS Foundation Trust

Applicant/respondent

Parents of Midrar Namiq

Appellants

Procedural Posture

Family / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether brain stem death constitutes legal death in the UK
  2. 2 Whether further medical tests beyond DNC are required
  3. 3 Whether parental consent is required for DNC testing

Ratio Decidendi

Brain stem death, established by DNC tests in accordance with UK medical guidance, constitutes legal death; once death is established, best interests analysis is not applicable; parental consent to DNC testing was sufficient; reporting restrictions order was justified given the circumstances.

Court Disposition

Permission to appeal refused on all grounds; declaration and reporting restrictions order amended.

Orders

  • Declaration to be amended to accord with Re A, expressly stating time and date of death.
  • Reporting Restrictions Order to expire twenty-eight days after ventilation is removed, subject to liberty to apply.