A five-year old girl with a serious brain injury whose parents won a high court battle to keep her on life support could soon be transported to Italy for treatment after the hospital caring for her decided not to appeal against the judgment.
On Thursday, in a rare victory for parents challenging an end-of-life decision by doctors, a judge ruled that Tafida Raqeeb’s ventilation should not be withdrawn, rejecting the recommendation of the team treating her at the Royal London hospital.
Mr Justice MacDonald also gave the green light for Tafida to be transferred to the Gaslini hospital in Genoa, in line with her parents’ wishes. But the couple faced an anxious wait to find out if Barts NHS Trust, which runs the Royal London, would appeal.
Shelina Begum, 39, and Mohammed Raqeeb, 45, of Newham, east London, were due to attend a hearing on Friday morning to find out whether the trust would challenge MacDonald’s decision.
But instead Barts issued a statement on Friday saying it would not seek to overturn the decision.
Alistair Chesser, the chief medical officer for the trust, said: “We followed the guidance of the General Medical Council and referred this tragic case to the family division of the high court to reach an independent view about Tafida’s best interests.
“The high court weighed up clinical and ethical considerations and decided on the balance of evidence that life-sustaining treatment should continue. After careful consideration regarding the wider implications of the judgment, we have decided not to appeal.”
After Thursday’s judgment, Katie Gollop QC, representing the trust, said it was considering an appeal, given the potential ramifications for other children.
The trust’s doctors had recommended life support be withdrawn because they said Tafida cannot see, feel, taste or move, so has no awareness, with no prospect of recovery.
But the court heard she could live for up to 20 years on ventilation and Begum said switching off life support would be counter to the Islamic beliefs of the family, who would cherish her, whatever her condition.
In his 70-page judgment, MacDonald pointed to the fact that Tafida is not believed to be in pain and her condition is stable, meaning neither life-sustaining treatment nor transfer to Italy would be considered harmful. He further highlighted precedent for children being ventilated at home – where her parents hope she will be following a tracheotomy at the Gaslini – and said continued treatment chimed “with the religious and cultural tenets by which Tafida was being raised”.
Experts said that despite the outcome being different from that in cases such as those of Charlie Gard, Alfie Evans and Isaiah Haastrup, it did not constitute a change in the case law, having been decided on facts that were significantly different.
Chesser said: “Our doctors and nurses will continue to provide Tafida with the best possible care as long as she continues to be our patient. We will also support the family as they make alternative arrangements for Tafida’s care.”
