Portsmouth NHS Trust v W & Ors

Portsmouth NHS Trust v W & Ors

No further declaratory relief is required because the medical evidence does not support pre-defined circumstances for ventilation, and the law does not require clinicians to act against their conscience or best clinical judgment, even in the face of parental disagreement.

Parties
Claimant: Portsmouth NHS Trust; 1st Respondent: Mr W; 1st Respondent: Mrs W; 2nd Respondent: CW by her Guardian (CAFCASS)
Jurisdiction
England and Wales
Judgment Date
21 October 2005
Procedural Posture
Family / Judgment
Outcome
No further declaratory relief granted.
Legal Topics
Declaratory Relief, Best Interests of Child, Medical Treatment Decisions, Parental Authority, Clinician's Duty
Family Law Medical Law Declaratory Relief Best Interests of Child Medical Treatment Decisions Parental Authority Clinician's Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Portsmouth NHS Trust

Claimant

Mr W

1st Respondent

Mrs W

1st Respondent

CW by her Guardian (CAFCASS)

2nd Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether declaratory relief should be granted regarding ventilation of CW
  2. 2 The legal duties of clinicians versus parental wishes in medical treatment of a child
  3. 3 The circumstances under which a clinician may refuse treatment requested by parents

Ratio Decidendi

No further declaratory relief is required because the medical evidence does not support pre-defined circumstances for ventilation, and the law does not require clinicians to act against their conscience or best clinical judgment, even in the face of parental disagreement.

Court Disposition

No further declaratory relief granted.