ut A.'s state of health, scheduled to be held on 8 December 2003 from 11.30 a.m. to 12.30 p.m. The applicant stated that he had gone to the hospital at the time indicated but had failed to find anyone.
28. The applicant submitted that on the following day the head of the intensive care unit had stated in a conversation with him that there had been no need for A. to receive intensive treatment and that this option should only be discussed if her condition worsened.
29. According to the Government, no meeting had been planned or held by the doctors on 8 December 2003 and, accordingly, the applicant could not have, and had not, been invited.
30. On 11 December 2003 at around 5 p.m. the hospital's head physician, together with S., an officer from the Custody and Guardianship Agency, and a police officer asked the applicant and his wife to place A. in the intensive care unit. When they refused, S. handed them an order by the Kirov municipal authority (начальник управления образования администрации г. Кирова) "For the removal of minor A." (распоряжение об отобрании малолетней А). The applicant asked S. for an explanation and for an opportunity to examine the materials on which the removal decision had been based. S. refused to grant such access and again invited the parents to leave. It appears that the applicant and E. then left.
31. The applicant submitted that all of A.'s previously prescribed courses of treatment had been cancelled after her transfer to the intensive care unit. On several occasions the applicant allegedly asked the hospital authorities to transfer A. to the Russian Children's Hospital in Moscow for examination and treatment and offered to bear the related expenses. Apparently the authorities turned down the offer, saying that there was no need for such treatment at that time.
32. The Government submitted that the materials on which the authorities had based their decision had been deposited at the Pervomayskiy District Court of Kirov. According to the Government, the applicant and his spouse were aware of the reasons for the decision as the hospital had repeatedly raised the question previously. They further submitted that, following the transfer of A. to the intensive care unit, her condition vastly improved.
C. Court proceedings concerning the emergency removal order
33. In December 2003 the applicant brought a court action challenging the order to remove A.
34. In a judgment of 24 February 2004 the Pervomayskiy District Court of Kirov dismissed his action and upheld the impugned decision.
35. The court established that on 28 November 2003 the head of the education department of the Kirov municipal authority had received a report signed by the head physician of the Kirov Regional Children's Hospital. The report contained information on the girl's poor health and the parents' consistent refusal to allow A. to receive the necessary treatment and, in particular, to place her in the intensive care unit.
36. The court further found that A.'s medical records confirmed the head physician's submissions, namely, that E. had refused to allow treatment and had objected to A.'s placement in the intensive care unit, and had also refused to allow the medical staff access to the ward.
37. The court referred to a document dated 12 November 2003 which indicated that the parents had been opposed to A.'s placement in the intensive care unit, and which they had refused to sign. It also alluded to an additional report by the head physician, dated 10 December 2003, which stated that the doctors' meeting had confirmed that it had been necessary to subject A. to intensive care. The report contained information to the effect that E. had again refused to comply with the doctors' recommendations.
38. Taking into account the above fac
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