Charlie Gard 15

[cjt110]

This is a thread following the legal and ethical questions raised by the recent court case involving Charlie Gard.

Please could we refrain from insulting or otherwise "bashing" his parents. It isn't in the spirit of Mumsnet and will get the threads removed.

Please could we also remember that at the heart of this case is a terminally ill baby and his heartbroken parents. There are those participating in and watching this thread for whom these issues are painful. Please let's try and be mindful of them when we post. This isn't a place for name calling or trivialising the very real pain they feel. Many parents of severely disabled children are on here.

Lastly, here are some hopefully useful reference points of facts surrounding the case.

13 July GOSH position statement on latest hearing (includes update on Charlie's condition):
www.gosh.nhs.uk/file/23611/download?token=aTPZchww

7 July GOSH statement on Charlie:
www.gosh.nhs.uk/news/latest-press-releases/latest-statement-charlie-gard

June 2017 Supreme Court decision:
www.youtube.com/watch?v=P6rPmvGlNhA&app=desktop

May 2017 Court of Appeal Decision:
www.bailii.org/ew/cases/EWCA/Civ/2017/410.html

April 2017 High Court Decision:
www.bailii.org/ew/cases/EWHC/Fam/2017/972.html

GOSH FAQ page on Charlie:
www.gosh.nhs.uk/frequently-asked-questions-about-charlie-gard-court-case

Timeline so far

August 4, 2016 Charlie born 8lb 3oz to Connie Yates and Chris Gard.

October 2016 Tests reveal mitochondrial depletion syndrome.
Believed to be only 16th sufferer in the world of rare strain.

Autumn 2016 Miss Yates finds specialist in US testing nucleoside therapy, but it has never been tried on Charlie’s rare type.

January Gosh doctors say drug would be futile because of irreversible brain damage. Parents contact US doctor.

March Gosh asks High Court to let Charlie die. Mr Justice Francis gives parents a month to make case for treatment. Daily Mail readers help raise £197,000 in days to help fly Charlie to US.

April Doctors say he is likely to be in pain. Judge rules Gosh should let him die.

May Court of Appeal upholds ruling. Parents appeal to Supreme Court.

June Supreme Court rejects appeal. On June 27, European judges back decision. Gosh gives parents more time with Charlie. Pope Francis intervenes, followed by Donald Trump on July 3.

July 7 Seven scientists hand Gosh fresh evidence showing higher survival chances.

July 10 Mr Justice Francis gives parents 48 hours to produce new evidence in case.

July 13 US specialist Dr Michio Hirano invited to London by High Court

July 17 Dr Hirano examines Charlie.

July 21 Court told scan results ‘very sad’.

Today, 24 July, High Court due to rule on the case, ten days before Charlie’s birthday.

@skyrobcatherall

Mr Justice Francis - It's my sad duty to confirm the declarations that I made in April this year

@JoshuaRozenberg

Francis: parents now have to face reality that it is in Charlie's best interests to die. I confirm orders I made in April.

@JoshuaRozenberg

Francis J: multidisciplinary meeting last Monday. Consensus but further scans needed.

@JoshuaRozenberg

Francis J: if a doctor is to give evidence to this court that doctor should see the patient first.

@JoshuaRozenberg

Francis J: I said I could only consider case on strength of new evidence. I have endeavoured to remain faithful to my judicial oath.

@JoshuaRozenberg

Francis J: Dr Hirano had not seen Charlie at that time. More than three months have now passed since my original declaration in April.

@JoshuaRozenberg

Francis J: my decisions, made on 11 April with the heaviest of hearts, were upheld on appeal. But parents' lawyers said they'd new evidence.

@JoshuaRozenberg

Francis J: it was right of GOSH to bring this case back when it did.

@skyrobcatherall

Mr Justic Francis now paying tribute to Charlie's parents - They should know that no parent could have done more for their child

@JoshuaRozenberg

Francis J: public comments have been based on misunderstandings. I want to pay tribute to Chris and Connie. No parent could have done more

@JoshuaRozenberg

Mr Justice Francis: none of us can begin to understand the parents' agony.

@JoshuaRozenberg

Gollop CQ: greater transparency has not led to greater understanding. GOSH is issuing a new position statement. So is the child's guardian.

Judge is really trying to clear up misunderstanding that have arisen from the media.

I certainly feel in family law cases the doors should be shut from start to end to avoid media circuses like this.

I think the judges summing up is spot on at the moment. He's been very good all the way through.

@JoshuaRozenberg

Francis J: these fine parents have had nothing to do with threats against GOSH. It's a disgrace that they should have been subject to abuse.

@skyrobcatherall

Judge - I make it clear these fine parents have nothing to do with threats against the GOSH staff

@JoshuaRozenberg

Francis J: I thank medical experts who made selves available. I thank GOSH staff. Hospital held in exceptionally high regard around world.

Because if cases like this are anomalous its harder to defend not making criminal cases secret

ok lapin i'll post if peopl want

continuing as requested

I wonder when the new position statements will be released

Thank you cjt

@JoshuaRozenberg

Francis J: parliament cannot have intended parents to have had no access to legal aid. Mercifully, they secured highly qualified lawyers.

Mr Justice Francis - It's my sad duty to confirm the declarations that I made in April this year
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@JoshuaRozenberg
2m

Francis: parents now have to face reality that it is in Charlie's best interests to die. I confirm orders I made in April.

@JoshuaRozenberg

Francis J: those lawyers were unpaid.

One wonders what's made them back done now. The scans?

Must be very distressing for many on these threads and hugs to you all xxx

I think Mr Justice Francis has been absolutely stunning throughout this sad affair, not just recently, but in the earlier court process also. He has behaved impeccably and his choice of language now is superb.

sorry cj though youd gone

@skyrobcatherall

Judge calls for a review of legal aid in similar cases. Charlie's parents were not entitled and their lawyers worked for free

Scans. Evidence. Opinions. I suspect thats all to play serf

Francis J: these fine parents have had nothing to do with threats against GOSH. It's a disgrace that they should have been subject to abuse

I just don't agree

@JoshuaRozenberg

Francis J: notion that Charlie was a prisoner of the NHS is the antithesis of the truth. That's why GOSH had to apply to independent court.

Were GOSH's lawyers also unpaid?

Actually I'm not sure I've fully understood is the parents changing their position part of the reason for the ruling or "just" their response to it?

@JoshuaRozenberg

Francis J: Children Act 1989, s1, says child's welfare is paramount consideration. Court guided by that simple proposition.

I am glad JF is putting to bed the notion that Charlie was being held captive by GOSH.