University Hospitals Trust Birmingham NHS Foundation Trust v Sudiksha Thirumalesh & Ors

University Hospitals Trust Birmingham NHS Foundation Trust v Sudiksha Thirumalesh & Ors

The Article 8 and Article 10 balancing exercise justifies immediate lifting of restrictions on identifying ST, her family, the Trust, and expert witnesses, but continued anonymisation of clinical and nursing staff and hospitals for 8 weeks is proportionate to protect staff from potential abuse in the immediate aftermath of proceedings.

Parties
Applicant: University Hospitals Birmingham NHS Foundation Trust; First Respondent: Sudiksha Thirumalesh; Second Respondent: Thirumalesh Chellamal Hemachandran; Third Respondent: Revathi Malesh Thirumalesh
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Court of Protection / Application to Vary or Discharge Transparency Order After Conclusion of Proceedings
Outcome
Transparency Order varied and partially discharged
Legal Topics
Transparency Orders, Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Anonymity of Parties and Staff, End of Life Proceedings
Medical Law Human Rights Law Court of Protection Transparency Orders Reporting Restrictions Article 8 ECHR Article 10 ECHR Anonymity of Parties and Staff +1 more

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Parties

University Hospitals Birmingham NHS Foundation Trust

Applicant

Sudiksha Thirumalesh

First Respondent

Thirumalesh Chellamal Hemachandran

Second Respondent

Revathi Malesh Thirumalesh

Third Respondent

Procedural Posture

Court of Protection / Application to Vary or Discharge Transparency Order After Conclusion of Proceedings

Legal Issues

  1. 1 Whether to lift, vary, or discharge the Transparency Order restricting publication of identities of parties, Trust, hospitals, and staff after conclusion of proceedings

Ratio Decidendi

The Article 8 and Article 10 balancing exercise justifies immediate lifting of restrictions on identifying ST, her family, the Trust, and expert witnesses, but continued anonymisation of clinical and nursing staff and hospitals for 8 weeks is proportionate to protect staff from potential abuse in the immediate aftermath of proceedings.

Court Disposition

Transparency Order varied and partially discharged

Orders

  • Immediate lifting of restrictions on identifying ST, her family, the Trust, and expert witnesses.
  • Restrictions on identifying clinical and nursing staff and hospitals attended by ST to remain for 8 weeks from 22 September 2023, after which they are automatically discharged.