A Local Authority & Anor v MC & Ors (Care proceedings)(Inherent Jurisdiction) [2017] EWHC 370 (Fam) (24 February 2017)

A Local Authority & Anor v MC & Ors (Care proceedings)(Inherent Jurisdiction) [2017] EWHC 370 (Fam) (24 February 2017)

It is in C's best interests that certain invasive medical treatments be lawfully withheld, as the burdens outweigh the limited and transient benefits, and the interim care order remains justified due to MC's actions causing significant harm and inability to cooperate with medical advice.

Citation
[2017] EWHC 370 (Fam)
Parties
Applicant (care Proceedings): A Local Authority; Intervener & Applicant (inherent Jurisdiction): A NHS Trust; 1st Respondent: MC; 2nd Respondent: FC; 3rd Respondent: C (A child by his guardian)
Jurisdiction
England and Wales
Judgment Date
24 February 2017
Procedural Posture
Care Proceedings and Inherent Jurisdiction Application / Interim Judgment on Care Order and Medical Treatment Declarations
Outcome
Interim declarations granted to NHS Trust to withhold specified invasive treatments; interim care order to remain in force.
Legal Topics
Interim Care Order, Withholding Medical Treatment, Best Interests of Child, Parental Responsibility, Inherent Jurisdiction
Family Law Medical Law Child Protection Interim Care Order Withholding Medical Treatment Best Interests of Child Parental Responsibility Inherent Jurisdiction

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Parties

A Local Authority

Applicant (care Proceedings)

A NHS Trust

Intervener & Applicant (inherent Jurisdiction)

MC

1st Respondent

FC

2nd Respondent

C (A child by his guardian)

3rd Respondent

Procedural Posture

Care Proceedings and Inherent Jurisdiction Application / Interim Judgment on Care Order and Medical Treatment Declarations

Legal Issues

  1. 1 Whether it is lawful to withhold certain invasive medical treatments from a child under care proceedings
  2. 2 Whether an interim care order should remain in force
  3. 3 Assessment of best interests of the child in medical decision-making

Ratio Decidendi

It is in C's best interests that certain invasive medical treatments be lawfully withheld, as the burdens outweigh the limited and transient benefits, and the interim care order remains justified due to MC's actions causing significant harm and inability to cooperate with medical advice.

Court Disposition

Interim declarations granted to NHS Trust to withhold specified invasive treatments; interim care order to remain in force.

Orders

  • Lawful to withhold invasive treatments including inotropic drugs, vasopressor drugs, continuous renal replacement therapy, and CPR from C.
  • Interim care order under s38 Children Act 1989 to continue.