AA (A Child), Re

AA (A Child), Re

The court determined that the implantation of an ICD is in AA's best interests, being the only reliable method to prevent further life-threatening arrhythmias, and that the risks of not implanting the device are far greater than any potential complications. Parental opposition, while respected, could not outweigh the medical evidence and the child's welfare.

Parties
Applicant: NHS Foundation Trust; Subject: AA (child); Respondent: Mother; Respondent: Father; Respondent: Children's Guardian (Miss Sivills, Cafcass)
Jurisdiction
England and Wales
Judgment Date
24 April 2015
Procedural Posture
Originating Application Under Inherent Jurisdiction / Judgment
Outcome
Declaration granted
Legal Topics
Best Interests of Child, Consent to Medical Treatment, Inherent Jurisdiction, Parental Opposition to Medical Intervention
Family Law Medical Law Best Interests of Child Consent to Medical Treatment Inherent Jurisdiction Parental Opposition to Medical Intervention

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Parties

NHS Foundation Trust

Applicant

AA (child)

Subject

Mother

Respondent

Father

Respondent

Children's Guardian (Miss Sivills, Cafcass)

Respondent

Procedural Posture

Originating Application Under Inherent Jurisdiction / Judgment

Legal Issues

  1. 1 Whether it is lawful and in AA's best interests for medical practitioners to implant an ICD device despite parental opposition

Ratio Decidendi

The court determined that the implantation of an ICD is in AA's best interests, being the only reliable method to prevent further life-threatening arrhythmias, and that the risks of not implanting the device are far greater than any potential complications. Parental opposition, while respected, could not outweigh the medical evidence and the child's welfare.

Court Disposition

Declaration granted

Orders

  • It is lawful for the responsible medical practitioners to carry out the implantation of an ICD device for AA.