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Parents lose battle to keep their baby on life support (13 April 2017)

Date: 13/04/2017
Duncan Lewis, Public Law Solicitors, Parents lose battle to keep their baby on life support

A High Court Judge has ruled that doctors can withdraw life support from a baby with a rare genetic condition and brain damage against his parents’ wishes.

Charlie Gard has mitochondrial depletion syndrome, a condition which causes progressive muscle weakness. Charlie’s parents, Connie Yates and Chris Gard, have raised £1.2m to take their son to the United States for experimental treatment. However, the judge found that no one with Charlie’s condition had been treated with the proposed therapy before, and the doctor in the US reportedly acknowledged that it was “very unlikely” that Charlie would improve with the treatment.

Charlie is currently on life support at Great Ormond Street Hospital, but medical staff claim that the best course of action for Charlie would be to administer palliative care. Charlie’s doctor explained that the disease has affected Charlie’s brain to such an extent that he is totally dependent on a ventilator and that “this situation is not a tolerable one to leave a child in.” Specialists at the hospital think it is likely that Charlie is experiencing pain but unable to show it. Meanwhile, Charlie’s parents believe he is not in any pain, with Miss Yates stating “If I thought for a moment that Charlie was in pain or suffering I would not fight for that life to be extended.”

Mr Justice Francis thanked Charlie’s parents for their “brave and dignified campaign”, but ruled that doctors may lawfully withdraw treatment. The judge stated “I find it is in Charlie’s best interests that I accede to those applications and rule that Great Ormond Street may lawfully withdraw all treatment save for palliative care to permit Charlie to die with dignity.”

The case highlighted the difficulties that come with decisions relating to a child’s best interests. Ms Yates and Mr Gard have now just under three weeks to decide if they wish to challenge the judge’s ruling.

Naturally, Duncan Lewis Solicitor’s first thoughts are to the family at this difficult time. We have represented families in similar predicaments, and our sympathies are with families in comparable circumstances to the Charlie’s parents. The Judge in this case made a decision based on best interest principles. Challenges regarding best interests can be made by Judicial Review, and (in the case of old persons) through the Court of Protection. At present a short judgement as been released, and can be found here We expect that a full judgement will be provided shortly.

Author Helen Cummings is a Trainee Solicitor in the Public Law and Court of Protection Department at Duncan Lewis. Helen has gained legal experience in litigating a broad range of areas, including:

  • Judicial Review arising: 1) under the Children Act and Community care Legislation in respect of local authority’s refusals to provide services to vulnerable children and their families; 2) against Primary Care Trusts for refusal to provide medical treatment on the NHS; 3) from challenges to statutory law; against public bodies involving environmental and planning points; and 5) Consultation challenges against governmental cuts.
  • Court of Protection proceedings arising from the representation of “P”, professional advocates and families against public bodies.

  • Providing representations for individuals against regulatory bodies such as the: General Medical Council, HCPC, and Solicitor Regulatory Authority.

  • Providing representations for children, and adults, in education matters.


  • The Duncan Lewis Public Law department continues to be recommended by Legal 500. The Legal 500 2016 edition applauds Duncan Lewis for its specialism in judicial review and Court of Appeal Cases. The Public law team is well established and known by the established Chambers, the Courts, and other public law bodies. Duncan Lewis have experience in all aspects of judicial review claimant work, including obtaining emergency orders and other interim relief to prevent breaches of human rights, following up judicial reviews with actions for damages in both the County and High Court and successfully pursuing judicial review matters to the Court of Appeal and Supreme Court. Duncan Lewis carry out both publicly and privately funded work.


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