Parenthood and Human Rights Flashcards
Glass v UK
12 year old boy, mother and doctor disagreed about pain relief, mother sought judicial review of NHS decision but failed. Had Article 8 been breached? Yes, NHS should have sought court intervention.
Portsmouth Hospitals NHS Trust v Wyatt
Hospital wished to cease treatment in relation to a very ill baby, court applied best interests.
An NHS Trust v MB and others
Request from NHS Trust to withdraw treatment, denied by court as there was no brain damage and recovery was possible
An NHS Trust v A and others
Bone marrow transplant had 50% chance of success, court applied objective best interests.
LA v SB
Child with brain condition, treatable with surgery, parents wanted drug treatment. LA begun care proceedings so court could decide re the surgery. Hospital refused to join proceedings, care app withdrawn. Court agreed with the withdrawal, had no further function.
Re KH
Parents lacked capacity, child was in LA care, developed illness which resulted in disabilities, agreed to treat but not to use heroic measures to save the child.
NHS Foundation Trust v R
14 month old, never left hospital, parents wanted to care for child at home but hospital thought it was too much of a burden. Wanted order to allow baby to die in comfort, ordered that ventilation should cease.
King’s College Hospital NHS Foundation Trust v T, V and ZT
Medical evidence was of enormous destruction of most of the baby’s brain tissue, trust sought to allow him to die, parents disagreed, withdrawal was ordered by court.
A Local Health Board v Y, Y’s Father, and Y’s Mother
Baby was born badly disabled, had heart problems, medical opinion was that continuing treatment was cruel. Parents initially against this, eventually agreed on provision that care was renewed every 7 days. Held - doctors weren’t ceasing care, just deescalating care. Court agreed hospital’s plans were lawful, and in the best interests of the child.
