Syrian refugees lose High Court treatment fight over sick daughter

Two Syrian refugees who wished their seriously-ill daughter to proceed receiving life-support remedy have misplaced a Excessive Courtroom combat.

Specialists advised Mr Justice Hayden the six-year-old is dying from a uncommon and incurable neurological situation.

They mentioned she needs to be moved to a palliative care regime.

Her mother and father, who left Syria eight years in the past and claimed political asylum in Britain, disagreed and wished her to obtain “long-term air flow”.

They wished to look after her at residence with a transportable ventilator.

The decide on Wednesday dominated in opposition to the couple and concluded that life-support remedy ought to finish.

He mentioned the “brutal unfairness” of what occurred to the teen was a “painful occasion to contemplate”.

However he mentioned proof confirmed she was “past medical assist” and the time had come for her mother and father to “interact” with a palliative care plan.

Specialists are advocating palliative care (Anthony Devlin/PA)
Specialists are advocating palliative care (Anthony Devlin/PA)

Mr Justice Hayden completed listening to proof at a trial within the Household Division of the Excessive Courtroom in London earlier this week.

The lady is within the care of the Birmingham Ladies’s and Youngsters’s NHS Basis Belief.

Belief bosses requested Mr Justice Hayden to determine what strikes had been within the lady’s greatest pursuits.

He mentioned the lady can't be recognized publicly, together with her mother and father in opposition to her being named within the media.

Mr Justice Hayden was advised the lady was born in Lebanon after her mother and father left Syria.

She fell ailing about 4 years in the past after arriving in England.

She is, in fact, past medical assistMr Justice Hayden

“The brutal unfairness of what has occurred to (the lady) following all the pieces else that this household have skilled is painful even to bear,” mentioned Mr Justice Hayden in his ruling.

“No person can think about how they really feel.”

However he added: “There is no such thing as a prospect that residence air flow can obtain any medical profit for (her).”

No remedy may “make her higher”, he mentioned.

“She is, in fact, past medical assist,” he added.

“However she is just not past bodily burden.

“The time has now come for the mother and father to have interaction with a palliative care plan.”

A barrister who led the belief’s authorized staff gave Mr Justice Hayden particulars of the lady’s situation and mentioned it was irreversible and progressive.

Nageena Khalique QC mentioned the lady may not stroll, sit or stand and had spent two-thirds of 2022 on a ventilator in an intensive care unit.

“This can be a very merciless situation,” Miss Khalique advised the decide.

“We've got now come to a stage the place the belief not thinks that it's in (the lady’s) greatest pursuits to proceed giving her invasive ventilatory help.

“There is no such thing as a treatment.”

Barrister Ian Brownhill, who led the mother and father’ authorized staff, mentioned the couple accepted their daughter wouldn't recuperate however didn't agree a “ceiling of care” needs to be imposed.

We've got suffered our whole life since we had been born - in Syria, in Lebanon. Right here, we've acquired loads of assistThe lady's father

Mr Justice Hayden was advised the lady had spells when she was not on a ventilator.

Throughout these “respite” intervals, she was consistently equipped with oxygen to assist her breathe.

The lady’s mother and father are Muslim they usually raised cultural and spiritual objections to medical doctors’ proposals.

Her father advised the decide he understood the medical doctors’ perspective.

However he mentioned his daughter can be “happier” at residence on long-term air flow.

He mentioned not offering residence air flow can be failing to assist and “a sin”.

The lady’s mother and father left Syria in 2014 and lived in Lebanon earlier than claiming political asylum in Britain, the decide was advised.

The teen’s father advised him: “We've got suffered our whole life since we had been born – in Syria, in Lebanon.

“Right here, we've acquired loads of assist.”

The person mentioned he would “by no means return” to Syria due to the “regime”.

The lady’s mom advised the decide the teen had a “smile on her face” when at residence and added: “I'm asking you to your mercy.”

Mr Justice Hayden described the couple as “extremely courageous and resilient”.

He mentioned the lady was fortunate to have them as mother and father.

“It's tragic what has occurred,” he mentioned.

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