Petition by A Health Board in respect of KL (Court of Session) [2024] CSOH 108 (03 December 2024)
The court is satisfied, based on uncontradicted expert medical evidence and the support of the curator ad litem, that the proposed surgery is in KL's best interests and that it is appropriate to exercise the court's parens patriae jurisdiction to authorise the procedure.
- Citation
- [2024] CSOH 108
- Parties
- Petitioner: A Health Board; Subject: KL; Curator Ad Litem: Mrs Ruth Innes KC
- Jurisdiction
- Scotland
- Judgment Date
- 03 December 2024
- Procedural Posture
- Parens Patriae Petition / Final Judgment
- Outcome
- petition granted
- Legal Topics
- Parental Responsibilities and Rights, Consent to Medical Treatment, Parens Patriae Jurisdiction, Child Welfare
Case Brief
Summary, issues, holding and outcome
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Parties
A Health Board
Petitioner
KL
Subject
Mrs Ruth Innes KC
Curator Ad Litem
Procedural Posture
Parens Patriae Petition / Final Judgment
Legal Issues
- 1 Whether the court should authorise surgical treatment for a child with no person holding parental responsibilities and rights
- 2 Whether the proposed surgery is in the best interests of the child
Ratio Decidendi
The court is satisfied, based on uncontradicted expert medical evidence and the support of the curator ad litem, that the proposed surgery is in KL's best interests and that it is appropriate to exercise the court's parens patriae jurisdiction to authorise the procedure.
Court Disposition
petition granted
Orders
- Authority granted for surgical closure of KL's patent ductus arteriosus as described in the petition.
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