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- Title
Re‐Evaluating 'Best Interests' in the Wake of Raqeeb v Barts NHS Foundation Trust & Anors.
- Authors
Auckland, Cressida; Goold, Imogen
- Abstract
In Raqeeb v Barts NHS Foundation Trust, the latest of a number of cases concerning whether a child can travel abroad for treatment that doctors in the UK do not consider to be in their best interests, the High Court held that the hospital had acted unlawfully by failing to consider the child's rights under EU law when refusing to allow her to travel. Although this derogation could be justified on public policy grounds, as such treatment was, on the facts, in her best interests, no further interference with her rights was justified. In making this finding, the court recognised the 'stress' that such a case placed on the best interests test, lending weight to the argument for moving instead to a risk of significant harm threshold for judicial intervention in parental decisions, which better accounts for legitimate differences of value and strikes a better balance under Article 8 ECHR.
- Subjects
POLITICAL questions &; judicial power; INTERNATIONAL law; GOVERNMENT liability; HUMAN rights; DEROGATION (Law)
- Publication
Modern Law Review, 2020, Vol 83, Issue 6, p1328
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/1468-2230.12563