A Local Authority v A Mother & Anor [2021] EWFC B65 (20 July 2021)

A Local Authority v A Mother & Anor [2021] EWFC B65 (20 July 2021)

It is in W's best interests for the local authority to consent to the hospital's advanced care plan, including withdrawal of life-sustaining treatment, as further treatment would be futile and only palliative care is appropriate. The court has jurisdiction based on W's habitual residence.

Citation
[2021] EWFC B65
Parties
Applicant: A local authority; First Respondent: A mother; Second Respondent: A father
Jurisdiction
England and Wales
Judgment Date
20 July 2021
Procedural Posture
Family / Application for Orders Under Inherent Jurisdiction and Children Act 1989
Outcome
Application granted
Legal Topics
Inherent Jurisdiction, Best Interests of Child, Parental Responsibility, Withdrawal of Medical Treatment, DNACPR (do Not Attempt Cardiopulmonary Resuscitation), Care Orders
Family Law Child Law Medical Law Inherent Jurisdiction Best Interests of Child Parental Responsibility Withdrawal of Medical Treatment DNACPR (do Not Attempt Cardiopulmonary Resuscitation) +1 more

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Parties

A local authority

Applicant

A mother

First Respondent

A father

Second Respondent

Procedural Posture

Family / Application for Orders Under Inherent Jurisdiction and Children Act 1989

Legal Issues

  1. 1 Whether the local authority can lawfully consent to the hospital's advanced care plan for W, including withdrawal of life-sustaining treatment
  2. 2 Whether the court has jurisdiction over W based on habitual residence
  3. 3 Whether the proposed course is in W's best interests

Ratio Decidendi

It is in W's best interests for the local authority to consent to the hospital's advanced care plan, including withdrawal of life-sustaining treatment, as further treatment would be futile and only palliative care is appropriate. The court has jurisdiction based on W's habitual residence.

Court Disposition

Application granted

Orders

  • Local authority granted leave to apply for exercise of inherent jurisdiction under section 100 Children Act 1989
  • Declaration that local authority is acting lawfully under section 33(3) Children Act 1989 in consenting to the hospital's advanced care plan for W