Michael Mylonas QC acted for the hospital and George Thomas for the family in this tragic case which highlights lack of funding for families in these cases of the utmost sensitivity and importance
22nd March 2021
Michael Mylonas QC and George Thomas act in The NHS Trust v The Parents & S  EWHC 594 (Fam) – Michael for the Hospital Trust, instructed by Kiran Bhogal and Emma Pollard of Hill Dickinson and George for the family, instructed by Advocate. Read the judgment here.
Two weeks before the final hearing the legal team acting for the hospital realised the parents were unrepresented. The Judge was equally concerned. It was advised that the family contact Advocate.
The morning that the hearing was due to start the family still had no representation. Michael Mylonas QC contacted the Court of Protection team in Chambers.
George Thomas was in another hearing which adjourned at 09.45am. He accepted the instructions and prepared for the case that day. The Judge was advised, and the case was put back so that it started the following morning.
Mrs Justice Judd had the following comments:
“Upon hearing of their plight through counsel for the Hospital Trust, Mr. Mylonas QC, Mr. Thomas, counsel from Serjeants Inn Chambers stepped in to help and represent them for free. He has represented them with the greatest of skill and care, ensuring that their case was properly put before the court and taking the burden from them of having to do it all by themselves. I am extremely grateful to him, and wish to commend him for what he has done. Parents whose children are the subject of an application by the local authority to take them into care receive full non means and non-merits tested public funding but parents who face an application for the withdrawal of treatment from their child do not, despite the enormous significance of the decision to be made. Not only are these cases medically complex, but emotionally they are as hard as is possible to imagine for the parents.”
Please contact our Clerking Team, on 0207 427 5000 if you need any further information about our Court of Protection work or would like to discuss how we might assist you.
Our Court of Protection team provides a 24 hour service, 365 days a year to arrange for urgent advice and representation on applications including declarations.
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