Z v Y [2019] EWHC 2255 (Fam) (09 August 2019)
The court determined that surgery is the only realistic chance for A to become seizure free, with failed alternative treatments and significant ongoing harm from epilepsy. The risks of surgery are outweighed by the potential benefits, and earlier intervention is preferable. The child's welfare requires granting the...
Source-derived case information.
- Citation
- [2019] EWHC 2255 (Fam)
- Parties
- Applicant: Z; Respondent: Y
- Jurisdiction
- England and Wales
- Judgment Date
- 09 August 2019
- Procedural Posture
- Specific Issue Order (children Act 1989) / Final Judgment
- Outcome
- Specific issue order granted permitting surgery.
- Legal Topics
- Specific Issue Order, Medical Treatment of Children, Epilepsy Surgery, Parental Consent, Welfare of the Child
Source-derived case record
Summary, issues, holding and outcome
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Parties
Z
Applicant
Y
Respondent
Procedural Posture
Specific Issue Order (children Act 1989) / Final Judgment
Legal Issues
- 1 Should the court grant a specific issue order permitting brain surgery for a child against one parent's wishes?
- 2 What is in the best interests of the child regarding medical treatment for intractable epilepsy?
Ratio Decidendi
The court determined that surgery is the only realistic chance for A to become seizure free, with failed alternative treatments and significant ongoing harm from epilepsy. The risks of surgery are outweighed by the potential benefits, and earlier intervention is preferable. The child's welfare requires granting the order for surgery.
Court Disposition
Specific issue order granted permitting surgery.
Orders
- A to undergo recommended brain surgery as soon as possible.
- No requirement for father's presence at surgery.
Full Case Text
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