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Court of Protection Solicitors

Court of Appeal upholds decision to stop life support of toddler (15 March 2018)

Date: 15/03/2018
Duncan Lewis, Court of Protection Solicitors, Court of Appeal upholds decision to stop life support of toddler

The Court of Appeal has ruled that doctors can withdraw life support from a 21 month old suffering from a degenerative neurological condition even though doctors have no definitive diagnosis.

The parents of Alfie Evans, a 21 month old baby who is currently in a ‘semi vegetative state’ and suffers from a degenerative neurological condition, have lost their legal battle to keep him on life support. There is no definitive diagnosis, leaving the toddler’s condition a mystery to doctors.

Alfie’s mother and father, wanted to take their son abroad for treatment in Rome, to the Vatican linked Bambino Gesu Paediatric Hospital. However the High Court ruling last month had prevented them taking the toddler abroad. Previously, Mr Justice Hayden declared that any form of further treatment would be ineffective and believed that Alfie’s needs were to be for ‘good palliative care’ rather that treatment.

Alfie is currently in Alder Hey Children’s Hospital, who has claimed that continuing Alfie’s treatment would be “unkind, unfair and inhumane” due to the unknown extent of the illness. The hospital stated their aim is to reach an agreement with Alfie’s parents about a care plan however there are some situations where this cannot be met as in this case ‘continuing active treatment is not in a child’s best interests’.

Stephen Knafler QC believes the state had wrongly interfered with the parent’s choice as they believed it was in Alfie’s best interests to receive care in the Italian hospital. However, the Court of Appeal Judge, Mrs Justice King, stated that medical evidence showed Alfie to be ‘deeply comatose’ and to all intents and purposes unaware of his surroundings’ as Alfie’s condition now shows through scans that 70% of his brain matter was destroyed.

However, the Judge praised the parents in their effort to fight on with Alfie’s army of supporters. The Judge highlighted how difficult it was for Mr Justice Hayden to respect the parents’ wishes and even though his approach was considerate, the most prevalent interest here is what is in the best interest of the child.

Duncan Lewis’s first thought are with the family during this trying time as we have represented families going through similar situations. The judgement was based on what was in the best interest of the child. Challenges concerning best interests can be made by Judicial Review, and through the Court of Protection.

Alex Peebles is a Solicitor in Duncan Lewis’ Public Law Department. He has a broad range of experience in handling complex cases in the High Court, the Court of Appeal and the European Court of Human Rights in issues including Commercial, Social Care and Environment Judicial Review, Discriminatory matter relating to the Equality Act, Data Protection and Information law, Disputes in the Court of Protection and Human Rights Claims and Inquests. For expert advice, contact Alex on 02031141218 or email him at alexp@Duncanlewis.com.

Duncan Lewis Court Of Protection Department

Duncan Lewis' Court of Protection Department assists individuals in both publicly and privately funded cases from offices across London and throughout the UK. The department is recommended by the independent legal directory, Legal 500, as a leading practice in cases that overlap mental health and capacity, and deprivation of liberty safeguards. The firm is also applauded for its specialism in judicial review claimant matters and higher courts work.

For more information about our Court of Protection services, please contact Duncan Lewis Solicitors on 0333 772 0409.

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