A Local Authority & Anor v MC & Ors (Care proceedings)(Inherent Jurisdiction)

A Local Authority & Anor v MC & Ors (Care proceedings)(Inherent Jurisdiction)

It is in C's best interests that certain invasive treatments be lawfully withheld, as the burdens and risks outweigh any potential benefits, and the interim care order remains justified due to MC's actions causing significant harm.

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 / Judgment on Interim Care Order and Declarations Regarding Medical Treatment
Outcome
Declarations granted to the Trust to lawfully withhold specified invasive treatments; interim care order to remain in force.
Legal Topics
Interim Care Order, Withholding Medical Treatment, Best Interests of the Child, Parental Responsibility, Inherent Jurisdiction
Family Law Medical Law Child Protection Interim Care Order Withholding Medical Treatment Best Interests of the 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 / Judgment on Interim Care Order and Declarations Regarding Medical Treatment

Legal Issues

  1. 1 Whether it is lawful to withhold certain invasive medical treatments from a child under care proceedings
  2. 2 Whether the 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 treatments be lawfully withheld, as the burdens and risks outweigh any potential benefits, and the interim care order remains justified due to MC's actions causing significant harm.

Court Disposition

Declarations granted to the Trust to lawfully withhold specified invasive treatments; interim care order to remain in force.

Orders

  • Declarations authorising withholding of invasive treatments including inotropic drugs, vasopressor drugs, continuous renal replacement therapy, and CPR.
  • Interim care order pursuant to s38 Children Act 1989 to remain in force.