Referencing style: OSCOLA The essay is to answer a problem q

Referencing style: OSCOLA The essay is to answer a problem question below: Jane and Edward have a baby girl, Mandy, who is aged 6 months. Mandy was born with severe disabilities. She cannot see or hear and she cannot breathe on her own. She has never left hospital. However, Jane insists that Mandy responds to her touch and sometimes smiles. The medical staff at the hospital say that Mandy’s condition is never going to improve and that she is probably in pain. They say the ventilator should be turned off and that Mandy should be allowed to die with dignity. Jane and Edward, who belong to a devout religious group, disagree. They argue that all life is sacred, no matter how young. It would be contrary to their religious beliefs, to which Mandy would have subscribed if she could, to allow her to die. They say that Mandy would want to live. The NHS Trust takes the case to court. What factors should the judge take into account in making the decision? Your answer must include discussion of case law and academic commentary. Requests: Attached is the suggested structure of approaching the problem question. Introduction, issues, law, application, conclusion. Intro need not be more than a couple sentences. in answering the question, the essay should also recommend what is on facts going to likely be decided in Mandy\’s case. The essay must include a brief discussion of personhood and the ethical/moral implications of making such decisions for babies, including issues of consent and ECHR rights, eventually stating the that Nuffield Council opinion today is that objectively all life is sacred and there is a strong presumption of prolongation of life, but that is not absolute and decisive as many factors go into it. The essay will consider the different factors that will help the judge make the decision that is ultimately in Childs best interest according to the welfare principle – things like quality of life, intolerability (pain), burden on the NHS, worthwhileness of treatment (or futility of treatment) and how all these things impact the decision, backed up by cases. Another factor is the wishes and feelings (religious beliefs) of the parents with parental responsibility for child and the consent issue that the parents have to decide for child due to her age and lack of understanding, but that the courts will not hold their views over and above what is ultimately in Childs best interest. The essay should include a mixture of case law, commentary and some statute particularly the Act containing welfare checklist and relevant ECHR articles – mostly cases and journals/articles. It should use cases similar to compare to mandy\’s situation. The essay should also include academic commentary in order to evaluate why the law is this way and why it is beneficial or why problematic as opposed to being purely descriptive. below is a list of cases that may be relied upon, UK cases only to be used. The list is open ended, more cases can be used and not all of the below have to be used, but altogether sufficient to essentially arrive at the conclusion of what would happen to Mandy. Re A (Conjoined Twins: Medical Treatment) [2000] 4 All ER 961 (read only the parts of the judgment that deal with the issues of sanctity of life and quality of life. You do not need to know about the criminal law in this context) Re B (A Minor) (Wardship: Medical Treatment) (1982) 3 FLR 117 (headnote) Re C (A Baby) [1996] 2 FLR 43 (headnote) Re J (A Minor)(Wardship: Medical Treatment) [1990] 3 All ER 930 (headnote) Re O (A Minor) (Medical Treatment) [1993] 2 FLR 149 Re T (Wardship: Medical Treatment) [1997] 1 FLR 502 Re C (Medical Treatment) [1998] 1 FLR 384 (headnote) Wyatt v Portsmouth Hospital NHS [2006] 1 FLR 554 An NHS Trust v MB [2006] EWHC 507 (Fam) para 10, 17, 20, 24, 49, 50, 104-6 NHS Trust v A [2007] EWHC 1696 (Fam) para 1, 40 Kirklees Council V Re And Others [2014] Ewhc 3182 (Fam) (headnote) Raqeeb v Barts NHS Foundation Trust [2019] EWHC 2530 (Fam) para 186, 190-91 Below is an example of a publish introduction for this essay just to show kind of the direction in which it could go: this can be changed completely and the outcome may be different, just an example of things to mention: In this essay, I will evaluate the factors the judge will have to consider in making a decision of whether or not the life-supporting treatment keeping 6-month-old Mandy alive should be discontinued arising from the NHS Trust’s claim. On account of the discourse between the wishes of her parents and the opinion of the medical professionals, the courts will have to step in to determine whether it is objectively in Mandy’s best interest to continue receiving this treatment. The issues to consider are the quality of the infant’s life and whether the ongoing medical intervention is worthwhile. In order to assess if it is in her best interests for the treatment to be withdrawn, the judge will have to conduct a balancing exercise: the child’s quality of life and the experiential interest in continuing living must be balanced against the burdens, such as that Mandy’s condition is causing her pain and providing the treatment is unduly burdensome on the Trust. In light of Mandy’s age and understanding, she is incapable of consenting to the withdrawal of treatment, meaning those with parental responsibility over her can consent on her behalf. Therefore, another issue for consideration for the judge will be the wishes and feelings of the parents, particularly their religious values and beliefs and how much weight can be apportioned to their wishes in this decision. My thesis is that the judge will arrive at the conclusion that it is objectively in Mandy’s best interests to be allowed to die, against her parent’s wishes, as to ease her intolerable condition and to alleviate the disproportionate burden on the Trust of keeping her alive because her quality of life is low with no hope of improvement and the treatment she is receiving is not worthwhile.