Family’s court fight to ‘free’ coma girl, five, from hospital
‘It is for God to take life’
THE family of a desperately ill girl being held ‘against her will’ in hospital yesterday launched a landmark court battle to get her out.
Five-year-old Tafida Raqeeb’s parents demanded the Royal London Hospital be forced to release her so she can travel to an Italian hospital.
UK doctors say her brain injury is so extensive and irreversible, it would be kinder to let her die. The hospital in East London has applied to the High Court for permission to switch off Tafida’s life-support.
But, unlike in the similar cases of Charlie Gard and Alfie Evans, Tafida’s parents – solicitor Shelina Begum, 39, and construction consultant father Mohammed Raqeeb, 45 – are suing the hospital.
Citing EU law, they claim it is unlawfully depriving their daughter of her liberty. The landmark case could pave the way for other families in similar right-to-life battles. However, the Royal London said if Tafida’s family succeed, it would ‘ drive a coach and horses’ through medical guidelines. Its QC Katie Gollop said: ‘ This case is of the utmost importance to the NHS.’
She responded furiously to an allegation by the parents’ QC David Lock that doctors had planned to switch off life-support without the consent of the parents and without the approval of a court. Miss Gollop said: ‘That is the most serious allegation made against an NHS Trust I have ever heard. It is little short of an allegation of a criminal nature.’
Mr Lock read out an internal hospital email from July 2 saying: ‘ There is a plan to withdraw care on Friday at 10am.’
Mr Lock said: ‘ My client, Shelina Begum, was repeatedly told this process was going to happen and she had to prepare for it.’
Tafida is being kept alive on an artificial ventilator at the Royal London after a blood vessel in her brain burst as she slept on February 9.
Vikram Sachdeva QC, representing her, said Tafida was not suffering, and could live for ‘between ten and 20 years more’ if care continued.
Mr Sachdeva said the hospital was breaching Tafida’s human right to travel abroad for care at the ‘Italian equivalent of Great Ormond Street’, the Gaslini hospital in Genoa. He said: ‘As a matter of EU law, Tafida and her parents have a right to choose to receive medical care in another EU state.’
The Gaslini hospital is simply offering to keep her alive. Italian medical guidelines say life- support should only be switched off if the patient is completely brain dead.
Mr Sachdeva said the family, who are Muslims, believe ‘it is for God to take away life’. Tafida ‘ took real pleasure in adhering to the customs of that religion’, he said, and there was ‘ample evidence’ about what she would want.
The court is first hearing Tafida’s application to overturn the decision to refuse her the chance to go to Italy – before hearing the hospital’s application that her ‘best interests’ would be served by letting her die.
Barts Health NHS Trust, which runs the Royal London, said: ‘This is a very sad case. We welcome the judge’s guidance at this difficult time.’