Terminally ill man to 'fight' against 'cruel' law as High Court rejects assisted dying review

A terminally ill man had his request for High Court to review an assisted dying ban rejected as judges refused to consider whether such a ban is compatible with his human rights.

Father of two, Phil Newby, aged 49, was diagnosed with motor neurone disease in 2014 and sought permission to bring a judicial review challenging a blanket ban on assisted dying.

Phil Newby raised £42,000 for the legal challenge in the ‘Phil Newby v Secretary of State for Justice’ case because he wants people to have a right to a "civilised ending".

He had asked for High Court Judges to examine a large body of evidence and to cross-examine experts as part of a judicial review into assisted dying and he is now considering appealing the High Court’s decision.

Phil Newby said: “The High Court’s decision not to hear our case and not to test the evidence for and against assisted dying is disappointing to me and the many hundreds of others who have helped to fund it.

“We will be fighting on to bring down a law that is widely thought to be cruel, so that it can be replaced by something more humane and compassionate”.

Mr Newby wants the chance to choose an assisted death at home, when he considers the discomfort of his existence outweighs the enjoyment he gets from living.

What the law says about assisted dying

Assisted dying is illegal in England and Wales under the Suicide Act (1961), and in Northern Ireland under the Criminal Justice Act (1966). It states that anyone who “encourages or assists a suicide” is liable to up to 14 years in prison.

There is no specific crime of assisting a suicide in Scotland but it is possible that helping a person to die could lead to prosecution for culpable homicide.

The High Court decision flies in the face of new research which finds 73 per cent (seven out of 10) of people with an advanced or terminal illness would support a change in the law to allow them the chance to have an assisted death in the UK.

Seven out of 10 terminally ill support assisted dying in UK

A YouGov poll of 503 people, diagnosed with advanced cancer, Parkinson’s, motor neurone disease, chronic obstructive pulmonary disease, multiple system atrophy or progressive supranuclear palsy, want to see a law change to allow mentally competent, terminally ill adults with six months or less to live the option of an assisted death in the UK.

The poll (conducted 30 August-22 September 2019) revealed 64 per cent would be pleased to have the option of assisted dying for themselves with end–of-life care. Some 39 per cent say they have or would consider travelling abroad for an assisted death.

Sarah Wootton, chief executive of Dignity in Dying, which commissioned the poll, said: “If Phil lived in Melbourne or Los Angeles, he could have the choice of an assisted death and he should be able to have that same choice here.

“Research out today shows that the vast majority of terminally ill Brits agree that there should be a change in the law in this country to allow assisted dying as an option alongside palliative care.”

The Dignity in Dying poll was inspired by James Hughes-Hallett who died of pancreatic cancer in October 2019.

Writing last July, Mr Hughes-Halllett said: “I am concerned that the current dialogue seems dominated by the views of doctors and politicians, to the extent that the opinions and deeply felt wishes of terminally ill patients and their families are not being given their due weight and respect.”

The YouGov poll results, (published 19 November) in the report ‘What Matters to Me: People living with terminal and advanced illness on end-of-life choices’ also reveals people linked a ‘good death’ with being pain-free but two-thirds (64 per cent ) felt they did not have enough information and support to achieve this.

- Assisted dying (as an option for terminally ill, mentally competent adults in their final months of life) is legal in 10 US jurisdictions including Oregon (since 1997) and Maine (since June 2019).

- Victoria was the first Australian state to legalise assisted dying for terminally ill people in June 2019.

- Canada legalised medical aid in dying in June 2016.

- New Zealand will put an End of Life Choice Bill to a public referendum in 2020, after the legislation passed a third reading on 13 November 2019.

Esther Rantzen, founder of older people’s helpline The Silver Line, told carehome.co.uk in Let’s Talk About Care podcast “I certainly think it’s, in my view, a human right that we need.

"As we find ways of prolonging life without prolonging quality of life, people exist in constant pain or in a way that they find undignified and so painful that they want to end it, I think we should have the right to.”

Patrick Wymer aged 55, who has stage four bowel cancer, said: “I have gradually come to terms with the fact that my time is limited, but why should I accept the prospect of a slow decline and pain?

“If that turns out to be the case, I believe I’ll reach a tipping point where I would wish to die on my own terms."