Declaration of death

Re M (Declaration of Death of Child) [2020] EWCA Civ 164

In a very sad case involving a baby who had been on mechanical ventilation since birth, the Court of Appeal has held that there was no prospect of a successful appeal against the decision of a judge to grant an NHS trust a declaration that it was lawful to withdraw treatment. The court also explained the law in the UK in respect of the diagnosis of death based on the absence of brainstem function. As soon as brainstem death is established, there is no basis for a best interests analysis. However, the original declaration was amended to reflect best practice as set out in Re A (A Child) (Medical Treatment: Removal of Artificial Ventilation) [2015] EWHC 443 (Fam).