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(1) Re: A (2) Thomas & anr

Tuesday 24 May 2022

(1) This is an application for permission to appeal the decision of the President of the Family Division, dated 23 June 2021. The applicant parents seek to appeal the decision to refuse their applications for discharge of the Reporting Restrictions Order made by Lieven J on 10 September 2019 (partially discharged on 31 July 2020).

The case involves their child who had life support withdrawn in August 2019.  Lieven J’s order, as amended on 31 July 2020, prohibits the publishing or broadcasting of any material or information identifying (or is likely to identify) any doctor or other medical professional that was caring for their late child.

(2) This is an application for permission to appeal the decision of the President of the Family Division, dated 23 June 2021. The applicant parent seeks to appeal the decision to refuse to discharge the Reporting Restriction Order made in relation to these proceedings by MacDonald J on 6 October 2017.

The case involves his child. He suffered substantial brain damage during birth and it was later found that it was in the baby’s best interest for all treatment to be withdrawn, he died the same day. A RRO was granted and remained in force preventing the naming of any of the Trust’s staff. The name of the Trust or the name of the parents are in the public domain but the staff or clinicians treating Isaiah are protected. A post mortem and inquest into the death was ordered and held in July 2020 and a question arose as to whether the RRO extended to the Inquest proceedings. There was a dispute and counsel applied to the High Court to determine the scope of the RRO. An application was made by the father to discharge the RRO, this was opposed by the NHS Trust.

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