LA v SB & Ors

There is no live issue before the court regarding MB's surgery; the court's function is limited to determining the appropriateness of withdrawal of care proceedings, and it has no jurisdiction to decide medical treatment absent a properly constituted issue. Withdrawal is appropriate and no further orders or conditions are warranted.

Parties: Applicant: LA; 1st Respondent: SB; 2nd Respondent: AB; 3rd Respondent: MB
Jurisdiction: England and Wales
Judgment Date: 12 July 2010
Procedural Posture: Care Proceedings / Application for Withdrawal and Ancillary Reliefs
Outcome: Permission granted to withdraw care proceedings; no other orders made.
Legal Topics: Care Proceedings, Inherent Jurisdiction, Specific Issue Order, Medical Treatment of Children

Family Law Child Protection Care Proceedings Inherent Jurisdiction Specific Issue Order Medical Treatment of Children

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Parties

Applicant

1st Respondent

2nd Respondent

3rd Respondent

Procedural Posture

Care Proceedings / Application for Withdrawal and Ancillary Reliefs

Legal Issues

1 Whether the court should grant the local authority permission to withdraw care proceedings
2 Whether the court should allow the local authority to invoke the inherent jurisdiction or make a specific issue order regarding MB's surgery
3 Whether the court should direct a second medical opinion for MB

Ratio Decidendi

Court Disposition

Permission granted to withdraw care proceedings; no other orders made.