Court of Protection Solicitors

Charlie Gard’s parents have launched one final legal challenge at the European Court of Human Rights following the failure of their Supreme Court challenge.

Charlie Gard suffers from mitochondrial depletion syndrome (MDS) which causes progressive muscle weakness, and according to Charlie’s hospital the condition has left him unable to see, hear, cry, move or swallow. Whilst Charlie’s parents – Connie Yates and Chris Gard – want to take him to the US for treatment, medical professionals think that taking Charlie off life support would be in his best interests and allow him to “die with dignity”.

The nine-month-old receives 24-hour care at Great Ormond Street Hospital in London, and Charlie’s life support was due to be withdrawn on midnight of 31st May 2017, following a High Court Decision. His treatment was extended until the 8th June so the Supreme Court could consider his case, but a panel of three Supreme Court judges rejected his parents’ appeal.

Justice Lady Hale praised Connie Yates and Chris Gard’s devotion to their son, and agreed that all parents would want to do the same as them, but she said that as judges they were concerned with the legal position, and the proposed appeal was refused.

Following the Supreme Court appeal, Charlie’s parents have exhausted all their legal options in the UK, but the European Court of Human Rights has now ordered for Charlie’s life-supporting treatment to continue until they can consider the case.

In a statement, the Strasbourg Court said:

“In the interests of the parties and the proper conduct of the proceedings before it, [the UK] should provide Charlie Gard with such treatment and nursing care as may be appropriate to ensure that he suffers the least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life until Tuesday 13 June 2017.”

Duncan Lewis Court Of Protection Department

Duncan Lewis' Court of Protection Department assists individuals in both publicly and privately funded cases from offices across London and throughout the UK. The department is recommended by the independent legal directory, Legal 500, as a leading practice in cases that overlap mental health and capacity, and deprivation of liberty safeguards. The firm is also applauded for its specialism in judicial review claimant matters and higher courts work.

For more information about our Court of Protection services, please contact Duncan Lewis Solicitors on 0333 772 0409.