The Daily Telegraph
Parents win fresh hearing over baby boy’s life support
THE parents of a baby who tried to breathe after being diagnosed as dead by doctors have won the latest stage of a life-support treatment fight.
A High Court judge recently decided that doctors could lawfully stop providing treatment to the five-month-old boy, who is on a ventilator at a London hospital. The boy’s parents mounted an appeal against Mr Justice Hayden’s decision and argued that they did not have a fair hearing.
Three Court of Appeal judges yesterday upheld their challenge and ordered a fresh hearing. Lord Justice Singh, Lord Justice Baker and Lord Justice Phillips had considered arguments at a hearing in London on Wednesday.
Mr Justice Hayden had been asked to decide what moves were in the boy’s best interests by bosses at Guy’s and St Thomas’ NHS Foundation Trust, who are responsible for his care. The judge ruled that ventilation should be withdrawn and only palliative care provided.
The baby’s parents, who are of Bangladeshi origin and represented themselves at the final hearing before Mr Justice Hayden, said there should be a fresh hearing.
A lawyer representing them told appeal judges that Mr Justice Hayden should have adjourned the final High Court hearing to give them time to find lawyers. The appeal judges agreed.