Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, with reference to the High Court judgment of 3 October 2019 on Tafida Raqeeb v Barts NHS Foundation Trust and others, if his Department will undertake a review of the guidance issued to NHS Trusts on taking legal action in the best interests of patients.

The Department does not issue guidance on legal action in best interests cases. Decisions around withdrawal of treatment in such difficult circumstances are never easy. It is important that families and medical experts communicate and, where possible, reach agreement on the best interest of the child. Medical ethics committees and mediation services are often involved in such cases, but each case will be different and must be considered on its own unique circumstances by those who are involved – the National Health Services trust, clinicians and parents/patients. Health care professionals have a duty to act in the best interests of their patients and when doctors and families do not agree about the best interests of a child the Courts can been asked, by either party, to make an independent judgement, as in the case of Tafida Raqeeb.

The Department does not collect information on the cost of best interest cases.