LA v SB & Ors

LA v SB & Ors

There was no live issue before the court regarding MB's surgery, as neither the hospital nor the parents sought a court order for treatment. The care proceedings were no longer appropriate, and the court had no jurisdiction or function to determine medical treatment in the absence of a properly constituted dispute. Permission to withdraw proceedings was granted unconditionally, with no further orders or directions.

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 (children Act 1989) / Application to Withdraw Proceedings; Applications for Leave to Invoke Inherent Jurisdiction or Specific Issue Order
Outcome
Permission to withdraw care proceedings granted unconditionally; all other applications refused.
Legal Topics
Withdrawal of Care Proceedings, Inherent Jurisdiction, Specific Issue Orders, Medical Treatment of Children, Parental Responsibility
Family Law Child Law Withdrawal of Care Proceedings Inherent Jurisdiction Specific Issue Orders Medical Treatment of Children Parental Responsibility

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Parties

LA

Applicant

SB

1st Respondent

AB

2nd Respondent

MB

3rd Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Application to Withdraw Proceedings; Applications for Leave to Invoke Inherent Jurisdiction or Specific Issue Order

Legal Issues

  1. 1 Whether the court should grant the local authority unconditional permission to withdraw care proceedings
  2. 2 Whether the court should grant leave to invoke the inherent jurisdiction or permit a specific issue order regarding MB's medical treatment
  3. 3 Whether the court should impose terms on withdrawal or order a second medical opinion

Ratio Decidendi

There was no live issue before the court regarding MB's surgery, as neither the hospital nor the parents sought a court order for treatment. The care proceedings were no longer appropriate, and the court had no jurisdiction or function to determine medical treatment in the absence of a properly constituted dispute. Permission to withdraw proceedings was granted unconditionally, with no further orders or directions.

Court Disposition

Permission to withdraw care proceedings granted unconditionally; all other applications refused.

Orders

  • Unconditional permission to withdraw care proceedings relating to all children granted to the local authority.
  • No order made regarding inherent jurisdiction or specific issue order.