Section 1
is in force. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media and legal bloggers, must ensure that this condition is strictly complied with. Failure to do so may be a contempt of court.
Mrs Justice Morgan:
On dates falling between 20th November and 2nd December 2024 I heard an application by Birmingham Women’s and Children’s Hospital NHS Foundation Trust (‘the Trust’) in relation to a child. The decision I reached is reflected in the judgment reported as Birmingham Women's And Children's Hospital NHS Foundation Trust v KB LB Fatima and others [2024] EWHC 3292 (Fam).
The detail and particular circumstances of that application are unnecessary to rehearse for the purpose of this short separate judgment. The context is sufficiently understood by reference to the nature of the application the Trust made - which was for declarations in respect of a child with a rare and serious genetic health condition, that it was lawful and in her best interests that life sustaining treatment should be discontinued. It was agreed with the court that a later opportunity would be given to file further written submissions and/or evidence if so advised as to the matters with which this judgment is concerned, namely the need for timely and sufficient provision of source material and records. It was my clear view that the focus of the best interests decision should remain where it belonged, on the child concerned and that consideration of these matters should be separate and distinct.
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