Category Archives: Children Act 1989

Aysha King – Medical Treatment and the notion of ‘neglect’.

????????????????????????On 3 September 2014 I was interviewed by Helen Blaby of BBC Radio Northampton [1] on the legal and social issues arising from the case of Aysha King.

The story, although not establishing any legal precedent in UK, raises a number of interesting legal and moral issues.

The primary point was whether the parents were entitled to remove their 5 year old son from the hospital care on the basis that the treatment they felt was appropriate for Aysha was not offered in UK by the National Health Service, (‘NHS’). Unfortunately, in absence of a Court order that specific medical treatment is provided and which can only be granted in judicial review proceedings, a doctor cannot be lawfully compelled by the parents to provide specific medical treatment at the behest of the parents.

It remains a matter of professional medial judgment as to what treatment is appropriate for a particular patient. However, the parents with parental responsibility powers are entitled to remove their child from the hospital in face of medical advice, similarly to any adult who can discharge themselves from hospital in face of contrary medical advice.

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Filed under Children Act 1989, Children and Young Persons Act 1933, European Convention on Human Rights, Law, Medical treatment, Northampton, Radio Prague, Uncategorized