Toddler can receive blood treatment, High Court rules

Family Law | 2 Dec 2016 1

A two year-old boy with failing health can receive blood treatment despite the reluctance of his parents,  the High Court has ruled.

In An NHS Foundation Trust v T, the youngster, referred to as ‘Child T’, had an abnormally low blood platelet (cell) count which doctors believed was related to problems with his bone marrow. As a result he had fallen ill and regularly required hospital treatment.

A haematologist (doctor specialising in blood disorders) concluded that T would require medical treatment for the foreseeable future “in order to prevent a very serious deterioration in his health”.

But the likely use of “blood products” in this treatment had caused a dilemma for T’s parents because they were practicing Jehovah’s Witnesses, a high profile Christian sect based in the United States which objects to blood transfusions and similar procedures on religious grounds.

High Court Judge Mr Justice Peter Jackson described the parents as:

“…fully committed to their son and to achieving the best outcome for him.”

The clash between their religious beliefs and their desire to do their best for their son meant they could neither consent to the treatment nor oppose it, a position they explained in letters to the court. They asked for alternative forms of treatment to be considered.

The NHS Trust looking after the boy applied for a legal declaration that treatment with blood products would be lawful despite the parents’ reluctance to consent.

Mr Justice Peter Jackson concluded that:

“I am in no doubt at all, having read the medical evidence and having considered the views of T’s parents, that it is overwhelmingly in T’s best interests for him to be able to receive this treatment in order for his health to be supported.”

If the hospital were unable to administer the necessary treatment, there could be “very serious and possibly even fatal consequences as time went on”, he explained.

In the circumstances it was necessary, the Judge said, for the court to make this decision rather than the parents. The resulting legal order would, however, specify that blood products would only be used “if there is no clinically appropriate alternative.”

Read the full judgement here.

The blog team at Stowe is a group of writers who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. Guest contributors also regularly contribute to share their knowledge.

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Comment(1)

  1. Andrew says:

    These cases can only ever end one way after a lot of public money has been spent and a lot of court time wasted. The jurisdiction should be made statutory and transferred to the magistrates.

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