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Luke Winston-Jones has been successful in the High Court battle relating to his treatment.

Following a hearing yesterday and today before Dame Elizabeth Butler-Sloss DBE, the President of the High Court Family Division, the right remains for Luke to be resuscitated if his condition deteriorates.

The Health Trusts responsible for treating Luke in Bangor and Alder Hey had been seeking declarations from the Court that if Luke's condition deteriorated following cardiac or respiratory arrest he should not be subjected to aggressive or prolonged treatment to resuscitate him.

The President had to consider what treatment in those circumstances was in Luke's best interests.

In the Judgment given today the President has confirmed that Luke should have available to him resuscitation through CPAP (continuous positive airways pressure) and bag and mask and cardiac massage provided that it is considered appropriate by the treating clinicians in all the circumstances.

The President has also confirmed that the possibility of a gastrostomy procedure to improve Luke's feeding be considered by the treating clinicians.

It has also been agreed that Luke should receive an independent palliative care assessment to ensure his needs are met with the aim of exploring the possibility of Luke being allowed home, for the first time.

Finally, although the President has said that she does not consider intubation and mechanical ventilation would be in Luke's best interests she has not prohibited it if, in the treating doctors clinical judgment, it was warranted.

The declaration made today by the President and set out in a detailed Order does not prohibit the treating doctors providing Luke with intubation and mechanical ventilation if in the future in their clinical judgement it is in Luke's best interests to so act. Some confusion arose immediately following the judgment because the Order itself was not read out in Court.

The President in her judgment made it plain that having considered all of the available medical evidence that mechanical ventilation was not in Luke's best interests. She has not however prohibited such treatment from being provided and the final decision remains with the treating clinicians as it has always done.

Ruth fully accepts that any decisions taken in respect of Luke's treatment will be made by the doctors based on their clinical judgment at the time.

Muiris Lyons Partner at Alexander Harris solicitors who are representing Luke Winston-Jones' mother, Ruth, spoke on the steps of the High Court, "Ruth has fought long and hard for Luke through what have been very difficult times. Luke is now almost 9 months old and was born with Edwards Syndrome, a debilitating genetic condition. Whilst he remains a poorly child and his life expectancy is very limited he has survived and indeed thrived and continues to grow and develop. He has formed a strong bond with his mother Ruth. He is not in pain and enjoys a significant quality of life. He loves his cuddles in her arms. He enjoys playing with his toys and listening to music. He loves it when his brother and sister visit. He enjoys his life."

"Luke is a fighter and has already surprised the doctors who have treated him by surviving as long as he has against all the odds. All Ruth has wanted is for Luke to be given a fighting chance. Today Luke has been given that chance..."

"Ruth would like to thank everyone who has supported her in her battle on Luke's behalf. She has been overwhelmed by the support she has received which has come from all over the world. She is enormously grateful for the prayers, thoughts, best wishes and kindness of those who have encouraged her as she sought to preserve the right of her beautiful little boy to have assistance in continuing his life."

Ruth has shown tremendous courage and love over the last 9 months in her fight for Luke and she has asked me to make it clear that she will always fight for what is best for him.

Ruth now looks forward to resuming her partnership with the medical staff caring for Luke to provide the best care possible for him for the future.

Notes to Editors:
-Luke Winston-Jones from Holyhead, Anglesey, has been in hospital all of his life with Edwards Syndrome, a rare genetic disorder.
-Luke was born on 30th January 2004.
-An application was made to the High Court as to whether Alder Hey Children's Hospital, who are caring for nine-month-old Luke would continue to treat him.
-The hearing at the Family Division of the High Court was heard in public before President of the Family Division, Dame Butler-Sloss DBE. It began on Thursday 21st October 2004 and judgment was delivered on the 22nd October 2004.
-CAFCASS represented Luke at the hearing as his guardian ad litem.
-The family of Luke Winston-Jones have set up a support group online to receive the many messages of help and support they are getting. Ruth Winston-Jones would like to thank everyone who has taken the time and trouble to have contacted them, many from overseas, with such touching words of support. The website can be reached at www.lukewinston-jonessupportgroup.co.uk.

More Stories

20/10/04 - Support for Luke

13/10/04 - Luke Winston-Jones case could go to court

13/10/04 - Press Comment - Luke Winston-Jones

 

 

 

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