FD25P00441 - [2025] EWHC 2100 (Fam)

This matter concerns Z, now age 10 months. The Trust seek orders permitting the withdrawal of life sustaining treatment from Z which they no longer consider is in his best interests. That application is supported by his Children’s Guardian, it is opposed by Z’s parents.

Z’s health is seriously compromised due to being born with a severe congenital abnormality in his brain development. This resulted in fluid collection on his brain that required draining. That was achieved by a surgical procedure to insert a ventriculoperitoneal (VP) shunt. Z suffered additional brain injury secondary to recurrent hypoxic ischaemic encephalopathy. He has visual and hearing impairments, severe and uncontrolled dystonia, autonomic dysfunction and non-cortical myoclonus. His failed growth rate (static weight for the last 3 months) is due to borderline short gut and gut failure, with current dependence on total parenteral nutrition (TPN). He has suffered two cardiac arrests.

Z’s parents have been devoted to Z’s care. They have attended hospital every day and supported the medical care in any way they can. The medical team who cares for Z have recognised the high level of care Z’s parents have provided. Equally, Z’s parents have been very grateful for the careful specialist medical care that has been provided for Z by the clinical team.

I heard oral evidence from Dr A, Consultant in Paediatric Intensive Care Medicine at the Trust and Dr B, Consultant in Paediatric Neurology, also at the Trust. Following hearing the evidence and submissions from the parties on 1 August 2025 it was agreed that I would announce my decision that day, which was to make the declarations sought by the Trust. This judgment sets out the reasons for that decision.

Z’s parents are in a position every parent dreads, having to make critical decisions about Z’s continued medical treatment which have such profound consequences for Z. They have been assiduous in their care of Z, alerting the medical team to any concerns being driven by their unconditional love for Z and not wanting to see Z suffer. In their words, Z has defied the odds in what he has managed, including cardiac arrest and surgical procedures. They believe Z has the right to live and they consider it is in his best interests to live the full extent of his life whilst being actively treated for his various medical issues. Z’s parents and the medical team caring for Z have mutual respect for each other’s position, even though they seek different outcomes.

The court is very grateful to the respective legal teams for the sensitive and collaborative way these proceedings and this hearing has been conducted.