Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2531 (Admin)

Withdrawal of life-sustaining treatment - transfer to Italy This judgment related to: (a) the child's (Tafida's) judicial review of the Trust's decision not to agree to transfer her to an Italian hospital; (b) the Trust's application for a specific issue order under s8 Children Act 1989, and for an inherent jurisdiction declaration, that it was in the child's best interests for life-sustaining treatment to be withdrawn. Both applications were dismissed, with the effect that one of the hospitals had to continue life-sustaining treatment and, there being no justification for interfering with Tafida's right (under Article 56 Treaty for the Functioning of the European Union) to receive treatment in another EU state, it was anticipated that the transfer would take place. The judgment provides guidance on dealing with a request by parents of an EU citizen child for transfer for medical treatment in another Member State.

Note

This case involved both a JR and a Family Division claim so has two neutral citations:

• [2019] EWHC 2531 (Admin)^B
• [2019] EWHC 2530 (Fam)^B

CASES DATABASE

Full judgment: BAILII

Subject(s):

• Deprivation of liberty - children🔍 See also: Category:Deprivation of liberty
• Inherent jurisdiction cases🔍 Older inherent jurisdiction cases can still be found in Category:Other capacity cases
• Medical treatment cases🔍

Date: 3/10/19🔍

Court: High Court (Administrative Court)🔍

Judge(s):

• MacDonald🔍

Parties:

• Tafida Raqeeb🔍
• Barts NHS Foundation Trust🔍
• Shalina Begum🔍
• Muhhamed Raqeeb🔍

Citation number(s):

• [2019] EWHC 2531 (Admin)^B
• [2019] ACD 141, [2020] 1 FLR 1298^B, (2020) 172 BMLR 15, [2020] 1 CMLR 28, [2019] Med LR 581

What links here:

• Children Act 1989

Published: 17/10/19 22:42

Cached: 2024-04-25 19:45:35