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Inconsistency between illegality and prosecution - even though 92 Britons have gone overseas for an assisted suicide, no relatives have ever been prosecuted for assisting them - some were charged, to later find that the charges were dropped. This discrepancy between the law and legal action prompted Debbie Purdy to launch a case to clarify whether her husband would be risking prosecution if he helped her travel to a clinic in Switzerland to die. On 30th August, 2009 a decision was made that the Director of Public Prosecutions had to clarify what the enforcement of the Suicide Act 1961 entailed.
These three received the registration forms in sequence, so that the third expert knew the assessment of his two predecessors. The decision over the life or death of the children was taken only on the basis of the reporting form, without the experts having any sight of the medical records nor having seen the children. If a child was assessed as euthanasia case, the reviewers gave it a "+" and conversely a "-" if it was screened out. If no clear decision was possible from the perspective of the evaluators a "B" for Beobachtung ("observation") was entered. These children were temporarily reprieved of euthanasia, but still committed to a "Special Children's Ward". Following closer examination the local doctor then had to make an appropriate observation report to the National Committee. The decisive criteria for a "positive" assessment were the child's projected work and education disability. According to a statement by the senior doctor, Walter Schmidt ( de ) , who ran the "Special Children's Ward" of the Eichberg Mental Hospital ( de ) , 95% of the assigned children came with the authority to "treat", a euphemism for the killing. Only the remaining 5% were observed and further investigated.