Legal Update: Court Report - Application to end life support

Judge: Ms Justice Russell

Location: High Court (Family Division)

King's College Hospital NHS Foundation Trust brought an application to withdraw mechanical ventilation in the case of Baby Z; given that the ventilation was "only just sustaining life with no other benefit". Judge Russell applied the best interests test to include the medical, social and emotional factors involved.

The parents objected due to their belief that Z was aware of them and could respond slightly to their presence. They also felt their religious convictions as Christians meant that they did not have the right to withdraw life support.

However, as noted in the judgment, Z was born prematurely with multiple complications and Z's condition had since deteriorated significantly. Having suffered irreversible injury to the brain there was no medical evidence that Z could "hear, see or interpret anything of the outside world" except for responding to the pain which the invasive procedures used to keep him alive produced.

In making the decision, Judge Russell used two previous cases to determine that the task of the court was to "decide where the objective balance of Z's best interests lie". As the medical evidence in this case was not in dispute, the case was centred on what was best for the child and whether the procedures used to keep him alive actually were of benefit to Z. Judge Russell found in favour of the NHS Trust, and the application was granted.