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Durham University

Durham Law School

Staff profile

Publication details for Dr Barend van Leeuwen

Van Leeuwen, Barend (2020). Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb. Public Law 398-408.

Author(s) from Durham

Abstract

Comments on Raqeeb v Barts NHS Foundation Trust (Admin) on whether parents had the right to take their child to Italy for continuing care after UK doctors recommended that treatment be withdrawn. Discusses the distinction between the best interests test and judicial review, and whether the hospital's refusal to transfer the child after a finding that it was in her best interests to be treated elsewhere breached her free movement rights.