FD25P00518 - [2025] EWHC 2247 (Fam)

The question with which this judgment is concerned is whether or not it is in the best interests of a baby boy to continue to receive mechanical ventilation and intensive care. He was born on 9 August 2025. He is anonymised in this judgment as Baby J. His best interests are the court’s paramount consideration and I have focused almost exclusively on him in these difficult proceedings. The Applicant is the NHS Trust that provides care to him. The second respondent is the relevant local authority which exercises safeguarding responsibilities to him. The third respondent is his mother, who lacks capacity to conduct these proceedings and to make a decision in the exercise of her parental responsibility as to whether or not Baby J should continue to receive mechanical ventilation. The father is unknown.

I directed the hearing today should be fully attended and required the clinicians to attend in person. The issues are of such importance that the distraction of remote hearings is unhelpful. At the hearing, the court heard the evidence from Baby J’s treating clinician Dr G; and the second opinion doctor from a separate Trust, Dr R.

After having heard and read the evidence and received short submissions from the parties, I have determined, with profound sadness, to accede to the Trust’s application and I make a declaration that mechanical ventilation and intensive care is not in Baby J’s best interests.