The NHS Trust v A (a child) & Ors [2007] EWHC 1696 (Fam) (18 July 2007)

The NHS Trust v A (a child) & Ors [2007] EWHC 1696 (Fam) (18 July 2007)

It is in the child's best interests to undergo a bone marrow transplant, as the potential benefit of a 50% chance of cure and normal life outweighs the certainty of death and the burdens of treatment, even considering the parents' views, the risk of infertility, and the suffering involved.

Source-derived case information.

Citation
[2007] EWHC 1696 (Fam)
Parties
Applicant: THE NHS TRUST; First Respondent: A (a child); Second Respondent: Mrs A (child's mother); Third Respondent: Mr A (child's father)
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Family Division Inherent Jurisdiction (medical Treatment for Child) / Final Judgment on Application for Declaration
Outcome
Declaration granted authorising bone marrow transplant notwithstanding parental refusal.
Legal Topics
Best Interests of Child, Parental Consent, Medical Treatment of Minors, Inherent Jurisdiction, Bone Marrow Transplant, Religious Beliefs and Medical Care
Family Law Medical Law Best Interests of Child Parental Consent Medical Treatment of Minors Inherent Jurisdiction Bone Marrow Transplant Religious Beliefs and Medical Care

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Parties

THE NHS TRUST

Applicant

A (a child)

First Respondent

Mrs A (child's mother)

Second Respondent

Mr A (child's father)

Third Respondent

Procedural Posture

Family Division Inherent Jurisdiction (medical Treatment for Child) / Final Judgment on Application for Declaration

Legal Issues

  1. 1 Whether the court should authorise a bone marrow transplant for a child against parental wishes
  2. 2 How to balance best interests of the child against parental autonomy and religious beliefs

Ratio Decidendi

It is in the child's best interests to undergo a bone marrow transplant, as the potential benefit of a 50% chance of cure and normal life outweighs the certainty of death and the burdens of treatment, even considering the parents' views, the risk of infertility, and the suffering involved.

Court Disposition

Declaration granted authorising bone marrow transplant notwithstanding parental refusal.

Orders

  • It is declared lawful for the applicant and/or responsible doctors to carry out a bone marrow transplant and necessary prior treatment for the child's HLH, subject to certification by two MDT members that the disease is mild and the treatment has approximately a 50% prospect of cure, and with specified donor...
  • In the event of transplant failure or life-threatening complications, doctors may treat the child in accordance with parental wishes.