FD25P00518 - [2025] EWHC 2247 (Fam)

The Guardian has not filed a report, as was agreed at the last hearing, but her position is set out in her counsel’s position statement. Relevant parts of her enquiries state as follows:

“On 26 August the Guardian spoke to nursing staff who told her that they continued to care for Baby J and that he had been receiving cuddles from both staff and his mother’s partner. There has been no response in Baby J to such contact and change in his condition.

On 27 August the Guardian visited Baby J in hospital and spoke with Dr G and with nursing staff. Guardian observed Baby J and was also told that:

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Baby J is breathing, but not sufficiently to breathe independently;

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if he were to survive following the withdrawal of breathing assistance, in future he would require an operation to assist with his breathing i.e., a tracheostomy, which would be invasive;

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Baby J is trying to briefly open his eyes more, but is not tracking light or objects;

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when held, he gives no response and remains floppy;

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he has been observed to make some movements but these are not purposeful;

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the Guardian understands that life moving forwards would mean that Baby J would have to be cared for 24 hours a day, seven days a week. He is likely to require further operations, for example on his spine, to enable him to sit straight enough to enable him to use a wheelchair. This would be a complex operation involving the insertion of metal rods into the spine. Such an operation carries a high risk of infection;

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Baby J would require injections into his muscles and tendons as these would seize up;

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as a result of his breathing difficulties Baby J would be vulnerable to significant respiratory infections;

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without the purposeful use of his limbs, Baby J would effectively be quadriplegic;

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Baby J is struggling with the regular suctioning procedures which are needed to clear his airways of secretions and mucous: his movements indicate that these procedures cause him pain and discomfort, and this is why morphine has been reintroduced;

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Baby J may never have the use of all of his senses and even if he has the use of some senses, these are unlikely to improve his quality of life, so profound is the damage to his brain. But for this, Baby J might have had some quality of life;

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Baby J is being moved every three hours.

Helpfully, the Guardian has also spoken with the maternal grandmother, who told her that having spoken with the team who care for Baby J, he has only got a “tiny little section” of his brain working. The grandmother reported to the Guardian:

“I know for a fact if [the mother] had the right state of mind, she would not want him to have this life. We have both done support work, she was a care coordinator, and she knows her stuff. They were both support workers for adults with additional needs and are aware of implications for Baby J's life. It is not fair for Baby J.”