And @ShrodingersCat and @(name removed by moderator):
To be fair, confusion may partly have arisen from the fact that it was an NHS trust that made the application to the court in the first place. To this I’d have to counter that if we had an insurance-based healthcare system, it would be simply be that private healthcare providers would make applications to the court, rather than NHS trusts doing so. Indeed, there is presumably no reason why private healthcare providers cannot already make such applications. Presumably such applications are few and far between because most cases complex enough to require intervention by a court will be under NHS care because of the resources involved.
I’d also point out that in this case the NHS trust’s application was opposed by the social services department of the woman’s local authority, i.e. an agency of the local government. So the judge is being asked to rule on a dispute between a publicly-funded healthcare system and an agency of local government. It’s by no means obvious that a judge would be prejudiced in favour of the NHS over the wishes of social services.
As is already rightly stated, British judges are entirely impartial. They are not elected and they are not appointed by politicians. If judges more often than not agree with doctors it is not because most doctors are employed by the NHS but because doctors have the professional expertise and experience to make decisions that are usually the right ones.
Where doctors come into conflict with families or with other professional people (e.g. social workers) it is only right that decisions have to be made by somebody, and the best people to make those decisions are judges. In the vast majority of cases, judges get it right. In the case, I think the judge has got it wrong. I hope that the family will take this to the Court of Appeal and, if necessary, the Supreme Court. I note that Mrs Justice Lieven has only been a high court judge for about five months (she was previously a deputy high court judge for around three years). Perhaps this exceptionally complex and sensitive case would have been better heard by somebody more experienced. Perhaps it wouldn’t have made any difference.