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England and Wales High Court (Family Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> An NHS Foundation Hospital v P [2014] EWHC 1650 (Fam) (20 May 2014) URL: http://www.bailii.org/ew/cases/EWHC/Fam/2014/1650.html Cite as: [2014] EWHC 1650 (Fam) |
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FAMILY DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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IN THE MATTER OF THE SENIOR COURTS ACT 1981 AND IN THE MATTER OF P (A CHILD) AN NHS FOUNDATION HOSPITAL |
Applicant |
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- and - |
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P |
Respondent |
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Penny Logan (Solicitor, of Cafcass Legal) as Advocate to the Court
Hearing dates: 13th/14th May 2014
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Crown Copyright ©
The Honourable Mr. Justice Baker :
"There is a very strong presumption in favour of taking all steps which would prolong life, and save in exceptional circumstances, or where the patient is dying, the best interests of the patient will normally require such steps to be taken. In cases of doubt that doubt falls to be resolved in favour of the preservation of life."
Although Munby J was dealing with a different type of application, the principle he pronounced in that case is unquestionably applicable in the circumstances under consideration tonight. In Re W (supra) Balcombe LJ observed at page 88:
"If the court's powers are to be meaningful, there must come a point in which the court, while not disregarding the child's wishes, can override them in the child's own best interests, objectively considered. Clearly such a point will have come if the child is seeking to refuse treatment in circumstances which would in all probability lead to the death of the child or to severe permanent injury".