JM (A Child), Re

JM (A Child), Re

The court determined that the proposed surgery was in the child's best interests, overriding parental and child refusal, based on clear medical evidence of imminent risk of death and suffering, and the statutory and common law principles empowering the court to act where parental consent is withheld.

Parties
Applicant: A NHS Trust; 1st Respondent: Mr M; 2nd Respondent: Mrs M; 3rd Respondent: JM (A Child) (By his Guardian); 4th Respondent: A local authority
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Specific Issue Order (children Act 1989) and Declaratory Relief (inherent Jurisdiction) / Final Judgment
Outcome
Application granted
Legal Topics
Consent to Medical Treatment, Parental Responsibility, Jurisdiction, Best Interests of the Child, Inherent Jurisdiction, Specific Issue Order
Family Law Child Law Medical Law Consent to Medical Treatment Parental Responsibility Jurisdiction Best Interests of the Child Inherent Jurisdiction +1 more

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Parties

A NHS Trust

Applicant

Mr M

1st Respondent

Mrs M

2nd Respondent

JM (A Child) (By his Guardian)

3rd Respondent

A local authority

4th Respondent

Procedural Posture

Specific Issue Order (children Act 1989) and Declaratory Relief (inherent Jurisdiction) / Final Judgment

Legal Issues

  1. 1 Whether the court should override parental and child refusal of consent to urgent surgery for a child
  2. 2 Jurisdiction of the English court over the child given possible change of habitual residence
  3. 3 Appropriate procedural route for authorising medical treatment contrary to parental wishes

Ratio Decidendi

The court determined that the proposed surgery was in the child's best interests, overriding parental and child refusal, based on clear medical evidence of imminent risk of death and suffering, and the statutory and common law principles empowering the court to act where parental consent is withheld.

Court Disposition

Application granted

Orders

  • The NHS Trust has permission to provide and administer all treatment to J, including complete removal of the craniofacial osteosarcoma and reconstructive surgery, notwithstanding parental refusal.
  • Ancillary orders for anaesthesia, temporary tracheostomy, PEG feeding, and all necessary ancillary treatment.