In re M (Declaration of Death of Child)

Subject Matter

CHILDREN — Family proceedings — Restrictions on publication — NHS trust seeking declaration of lawfulness of removal of artificial ventilation from child certified clinically dead — Application for restrictions on publication of names of large group of NHS Trust staff involved in child’s treatment — Whether order appropriate

[2020] EWCA Civ 164; [2020] 4 WLR 52; [2020] WLR(D) 99; Judiciary (press summary), CA

MEDICAL PRACTITIONER — Medical treatment — Removal of artificial ventilation — Brain-stem death of child following complications at birth — Parents objecting to removal of artificial ventilation — NHS Trust seeking declaration of lawfulness of removal of artificial ventilation — Whether declaration to be made — Whether determination requiring consideration of child’s best interests — Appropriate wording of declaration — Guidance on avoidance of delay in such matters

[2020] EWCA Civ 164; [2020] 4 WLR 52; [2020] WLR(D) 99; Judiciary (press summary), CA

Appellate History

Commentary

Transparency Project
“Brain dead” baby – how the court decides doctors can withdraw life support Case comment

UK Human Rights Blog
Removal of life support after brain stem death held lawful Case comment

Transparency Project
“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” Case comment