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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 (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). pp. 537-546.

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.

Item Type:Article
Full text:Publisher-imposed embargo until 15 March 2023.
(AM) Accepted Manuscript
File format - PDF
(762Kb)
Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1093/medlaw/fwab007
Publisher 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
Date accepted:No date available
Date deposited:11 August 2021
Date of first online publication:15 March 2021
Date first made open access:15 March 2023

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