Z v Y

Z v Y

The court determined that A's welfare required the surgery, as it offered the only realistic chance of seizure freedom and improved quality of life, outweighing the risks of the procedure and the father's objections.

Parties
Applicant: Z; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
09 August 2019
Procedural Posture
Specific Issue Order (children Act 1989) / Judgment After Hearing
Outcome
Specific issue order granted for A to undergo brain surgery.
Legal Topics
Specific Issue Order, Medical Treatment of Children, Epilepsy Surgery, Parental Consent, Welfare Checklist
Family Law Child Welfare Medical Law Specific Issue Order Medical Treatment of Children Epilepsy Surgery Parental Consent Welfare Checklist

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Parties

Z

Applicant

Y

Respondent

Procedural Posture

Specific Issue Order (children Act 1989) / Judgment After Hearing

Legal Issues

  1. 1 Should a specific issue order be granted for A to undergo brain surgery to alleviate epileptic seizures despite the father's objection?
  2. 2 What is in the best interests of the child regarding medical treatment?
  3. 3 How should risks and benefits of surgery be balanced in the context of child welfare?

Ratio Decidendi

The court determined that A's welfare required the surgery, as it offered the only realistic chance of seizure freedom and improved quality of life, outweighing the risks of the procedure and the father's objections.

Court Disposition

Specific issue order granted for A to undergo brain surgery.

Orders

  • A is to undergo the recommended brain surgery as soon as possible.
  • No requirement for the father to be present at the surgery.