Parents win High Court bid to take severely disabled five-year-old daughter to Italy to continue life support – Evening Standard

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The parents of a severely-disabled five-year-old girl have won an emotional High Court battle to keep their daughter alive and take her to Italy for further treatment.

Specialists at the Royal London Hospital believe Tafida Raqeeb has no chance of recovery from permanent brain damage and say life support should be withdrawn to allow the youngster to die.

But Tafidas parents, Shelina Begum and Mohammed Raqeeb, challenged the hospitals view that further treatment would be futile and could put the girl at risk of further harm.

The parents want life support to continue until Tafida is diagnosed as brain dead, and fought in the High Court for the right to move the little girl to an Italian hospital for further treatment.

Ms Begum broke down in tears while sat alongside her husband as Mr Justice MacDonald today ruled that Tafidas life support can continue and there is nothing to stop her being be transferred to Italy for further treatment.

Shelina Begum arrives at the Royal Courts of Justice in London (PA)

There is no justification for interfering with the right to receive treatment in another EU member state, and I anticipate this transfer will now take place, said the judge.

In his judgment, Mr Justice MacDonald said: Either the NHS Trust or the Gaslini Hospital in Italy, or another hospital, will have to continue to provide Tafida with life-sustaining treatment.

He said when a child like Tafida is not in pain and is not aware of her parlous situation, it puts the decision on the best interests of the child under some stress.

The judge said there are ethical, moral, or religious factors which must be balanced against the views of medical professionals when deciding each individual case.

Tafida Raqeeb, 5, is currently being treated at the Royal London Hospital (file photo) (PA)

He concluded: Transfer for treatment to Italy is the choice of her parents in the exercise of their parental responsibility and having regard to the sanctity of Tafidas life being of the highest importance, I am satisfied, on a fine balance, that it is in Tafidas best interests for life sustaining treatment to continue.

Barts Health NHS Trust, which fought the legal case, is considering an appeal against todays ruling, after telling the court the decision has clear ramifications that go beyond Tafida and may affect other patients in its care.

The court heard how Tafida woke her parents at their home in Newham during the night in February to complain of a headache. She collapsed shortly afterwards and doctors discovered that blood vessels in her brain had ruptured.

Doctors argued that while Tafida could live for years on life support, she would be at risk of developing epilepsy which would be untreatable and could lose control of her own movement.

Shelina Begum outside the Royal Courts of Justice in London (PA)

Katie Gollop QC, representing the trust, said the youngster could no longer swallow, taste or see, and although she may be able to "hear a little" she cannot breathe for herself.

However Mrs Begum, a solicitor, and Mr Raqeeb, a construction consultant, say their daughter is from a Muslim family and Islamic law only allows God to end life.

Gaslini children's hospital in Genoa, Italy has agreed to provide continued life support and they have raised funds for the transfer.

Their lawyer, Vikram Sachdeva QC, told the court: "When you drill down, it is based on differing views of what quality of life Tafida has.

"Clinicians (in England) don't think she has a quality of life. Her parents do."

Ms Begum gave up her legal career to fight the legal battle(PA)

Ms Begum, who gave up her legal career to care for Tafida and fight the legal battle, told a hearing: "If it happens to me, I want my life to continue until a time that God actually takes me, not withdraw life support from me.

"Tafida would want to continue her life."

Mr Sachdeva said doctors agree that Tafida is not in pain, adding: Tafida would not wish to take a course which would to considered to be a sin, a significant sin, among the religious community to which she does belong."

Tafidas case contrasts with the legal fight by the parents of tragic infant Charlie Gard, who lost the right for continued life support for their son after a protracted legal battle in the High Court.

In that case, Mr Justice Francis ruled that doctors could withdraw life support, against the wishes of Charlies parents who wanted to take him to America for further treatment.

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Parents win High Court bid to take severely disabled five-year-old daughter to Italy to continue life support - Evening Standard