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Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam)

Cave, Emma

Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) Thumbnail


Authors



Abstract

X, who was nearly 16 at the time of the application, was ‘mature and wise beyond her years’. She has a serious medical condition, sickle cell syndrome, which can cause crises where urgent administration of blood products that are contrary to her religious beliefs is clinically indicated. On two previous occasions, urgent applications were made to the court and declarations permitted the administration of blood products. On the second of those occasions, before Sir James Munby, the evidence suggested that X was making a Gillick competent refusal of treatment. Sir James described that case as a ‘scramble to justice’ given the urgency of the application and the challenging nature of the arguments and opined that the best way forward was to consider the arguments at a hearing where sufficient time is available to reflect. That opportunity was presented in A NHS Trust v X.

Citation

Cave, E. (2021). Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam). Medical Law Review, 29(3), 537-546. https://doi.org/10.1093/medlaw/fwab007

Journal Article Type Article
Online Publication Date Mar 15, 2021
Publication Date 2021
Deposit Date Jun 18, 2021
Publicly Available Date Mar 15, 2023
Journal Medical Law Review
Print ISSN 0967-0742
Electronic ISSN 1464-3790
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 29
Issue 3
Pages 537-546
DOI https://doi.org/10.1093/medlaw/fwab007

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Copyright Statement
This is a pre-copyedited, author-produced version of an article accepted for publication in Medical Law Review following peer review. The version of record (Cave, Emma (2021). Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2) [2021] EWHC 65 (Fam). Medical Law Review) is available online at: https://doi.org/10.1093/medlaw/fwab007







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