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This relates to a decision on life and death and e.g. whether the patient (child or adult) under an incapacity should be given the opportunity for a new treatment against the "opinion" of the hospital on "best interests" . It is not about how many sweets a child should have or exceptional cases as recited by the very learned Sir James Munby. I agree in principle with professor Herring, however as the law stands at the moment the courts do have the final say, who often adopt the fallacious opinion of the hospital having care of the Child. The love of a parent is often raised to countermand the parent's decision. But who but a well informed parent can make a "best interests" decision bearing in mind that no parent would want their child to suffer.