England and Wales Case Law

Birmingham Women's and Children' Hospital NHS Foundation Trust v KB & Ors

The court found that, despite significant burdens from pain and interventions, Fatima retains awareness and responsiveness, derives comfort and pleasure from her family, and the benefits of continued life and prospect of return home outweigh the burdens. The presumption in favour of prolonging life, religious and cultural context, and evidence of awareness were given strong weight. The application for declarations to withdraw life sustaining treatment was not justified on the facts.

Source excerpt

• Withdrawal of life sustaining treatment
• Best interests of child
• Palliative care
• Parental rights
• Religious and cultural considerations
• Pain and awareness assessment

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NR (A Child: Withdrawal of Life Sustaining Treatment), Re

The burdens of NR’s conditions and invasive treatments far outweigh any benefits; continued life sustaining treatment is futile and contrary to NR’s best interests. The presumption in favour of preserving life is displaced. It is lawful and in NR’s best interests for invasive ventilation and other life sustaining treatment to be discontinued.

Source excerpt

• Withdrawal of life sustaining treatment
• Best interests of the child
• Parental rights
• Disability rights
• Medical ethics

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NR (A Child: Withdrawal of Life Sustaining Treatment), Re

NR (A Child: Withdrawal of Life Sustaining Treatment), Re [2024] EWHC 910 (Fam) (23 April 2024)

The High Court held that it was lawful and in NR’s best interests to withdraw invasive ventilation and other life-sustaining treatment, despite parental opposition.

• Withdrawal of life sustaining treatment
• Best interests of child
• Parental rights
• Disability discrimination
• Religious and cultural considerations in medical care
• Withdrawal-of-life-sustaining-treatment

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Kings College Hospital NHS Foundation Trust v X & Anor

Kings College Hospital NHS Foundation Trust v X & Anor [2023] EWCOP 34 (04 August 2023)

The Court of Protection granted permission to withdraw life-sustaining treatment from X, finding that continued ICU treatment was not in his best interests.

• Withdrawal of life sustaining treatment
• Best interests
• Persistent vegetative state
• Mental capacity act 2005
• End of life decisions
• Withdrawal-of-life-sustaining-treatment

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An NHS Foundation Trust v Kwame & Ors

The court held that continuing mechanical ventilation was not in Kwame’s best interests and permitted withdrawal and palliative care.

• Withdrawal of life sustaining treatment
• Best interests of child
• Medical ethics
• Parental views
• Human dignity
• Withdrawal-of-life-sustaining-treatment

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NHS Foundation Trust v Kwame & Ors

NHS Foundation Trust v Kwame & Ors [2023] EWHC 134 (Fam) (27 January 2023)

The High Court held that continuing mechanical ventilation was not in a seriously injured teenager’s best interests and approved withdrawal with palliative care.

• Withdrawal of life sustaining treatment
• Best interests of child
• Medical ethics
• Parental views
• Religion and culture in welfare assessment
• Withdrawal-of-life-sustaining-treatment

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I (A Child)

I (A Child) [2015] EWCA Civ 1159 (06 October 2015)

The Court of Appeal refused permission to appeal against an order allowing life-sustaining treatment to be withdrawn from a gravely ill child.

• Withdrawal of life sustaining treatment
• Best interests of child
• Parental rights
• Medical evidence
• Appeals procedure
• Withdrawal-of-life-sustaining-treatment

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I (A Child)

The Court of Appeal refused permission to appeal against an order allowing withdrawal of life-sustaining treatment from an 11-year-old boy with no prospect of recovery.

• Withdrawal of life sustaining treatment
• Best interests of child
• Medical consent
• Parental rights
• Withdrawal-of-life-sustaining-treatment
• Best-interests-of-child

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