Wyatt v Portsmouth NHS Trust & Anor

Wyatt v Portsmouth NHS Trust & Anor

It is not in Charlotte's best interests to attempt aggressive invasive treatment (intubation, ventilation) in event of respiratory collapse; all treatment up to but not including intensive care is appropriate. Decision should be made now due to high likelihood of crisis and to avoid legal conflict during emergency.

Parties
Applicant: Derek Wyatt; 1st Respondent: Portsmouth NHS Trust; 2nd Respondent: Charlotte Wyatt by her Guardian (CAFCASS)
Jurisdiction
England and Wales
Judgment Date
21 April 2005
Procedural Posture
Family / Judgment on Application to Discharge Previous Declarations
Outcome
Declarations continued; aggressive invasive treatment (intubation, ventilation) not to be attempted in event of respiratory collapse; subject to review.
Legal Topics
Best Interests of Child, Medical Treatment Decisions, Parental Rights, Court Declarations
Family Law Medical Law Best Interests of Child Medical Treatment Decisions Parental Rights Court Declarations

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Parties

Derek Wyatt

Applicant

Portsmouth NHS Trust

1st Respondent

Charlotte Wyatt by her Guardian (CAFCASS)

2nd Respondent

Procedural Posture

Family / Judgment on Application to Discharge Previous Declarations

Legal Issues

  1. 1 Whether aggressive invasive treatment (intubation, ventilation) should be attempted in event of respiratory collapse
  2. 2 Whether decision to withhold such treatment should be made now or deferred until crisis

Ratio Decidendi

It is not in Charlotte's best interests to attempt aggressive invasive treatment (intubation, ventilation) in event of respiratory collapse; all treatment up to but not including intensive care is appropriate. Decision should be made now due to high likelihood of crisis and to avoid legal conflict during emergency.

Court Disposition

Declarations continued; aggressive invasive treatment (intubation, ventilation) not to be attempted in event of respiratory collapse; subject to review.

Orders

  • Portsmouth NHS Trust to rely on Declarations in light of circumstances at time of crisis, based on Charlotte's best interests and in close consultation with parents.
  • Declarations not to be open-ended; subject to review as determined by counsel and court.