The parents of the premature baby, Charlotte Wyatt, were at the High Court on Friday following their daughter’s remarkable survival and signs of physical improvement. They asked the court to be allowed to commission new medical evidence about her condition and to have a hearing to consider it before Easter. They also asked for her ‘Do Not Ventilate’ order to be suspended until then.

To ventilate Charlotte was against her best interest

In October it was decided in court that to ventilate Charlotte any more times would be against her best interest. She was expected to catch an infection and would not survive the winter. The judge considered her life was intolerable; she could not hear or see and it was thought all she could feel was pain.

However, three and a half months later she is still alive and there is evidence that she can breathe easier, spending longer periods out of her oxygen box sitting in a baby chair. Medical experts agree that she can follow objects with her eyes and can hear clapping. She also responds to being cuddled.

The judge agreed to a new hearing

On Friday Mr Justice Hedley agreed to a new hearing, probably before Easter. But he refused to suspend the ‘do not ventilate’ order.

The family are represented by Leigh Day & Co.’s human rights lawyer Richard Stein: “Darren and Debbie Wyatt are obviously very disappointed with the outcome of last Friday’s hearing. We will be preparing an appeal to the Court of Appeal as soon as possible.

“The judge recognised that here had been improvements in Charlotte’s condition. He agreed that we should obtain further evidence about Charlotte’s condition for a future hearing before Easter.

“He acknowledged that the further evidence might lead to a long term change to the order that Charlotte should not be ventilated if she gets an infection.

“Unfortunately he was not willing to suspend the order that Charlotte need not be ventilated in the meantime. This means that Charlotte could die before the court considers the new evidence and decides what the long term position should be.”

This leaves Charlotte and her family in a very difficult position. The case will now go to the Court of Appeal where they will try and overturn the judge’s decision not to suspend the ‘do not ventilate’ order. This should happen by the end of next week.

Richard Stein adds: “The developments in the case have highlighted some important legal principles. The basis of the original decision not to require the doctors to ventilate Charlotte was based on the fact that her life was considered to be intolerable. When the order was made, she couldn’t see or hear and she could only feel pain. But since the doctors accept that she can now see and hear to some extent and we know she is not regularly on sedatives or painkillers, then the basis for the original decision no longer exists.

“The judge indicated that his decision related to Charlotte’s ‘underlying condition’. This would appear to suggest that decisions not to treat can be made on the basis of a person’s level of disability. Many people may feel  uncomfortable about a decision not to resuscitate someone based on these factors.”

For more information please contact Richard Stein in the Human Rights department on 020 7650 1240.

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