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Family Law

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Court of Protection Practice and Procedure Conference 2016

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15 JUL 2010


(Family Division; Sir Nicholas Wall P; 12 July 2010)

Concerns about all five children led to the initiation of care proceedings. The concerns were abated except in respect of the 6-year-old child with a rare brain disease involving frequent epileptic seizures. The medical team recommended surgery and steroids which the parents, who were not cooperating, opposed.  

Care proceedings were not a suitable forum for a decision as to medical treatment. The hospital was not prepared to intervene and make own its application as it wished to review the treatment options with the parents. The local authority sought to withdraw care proceedings. The court could not decide on the issue of the medical treatment unless it was invited to do so by the parents or the hospital. The care court could make or refuse to make care orders but could not decide on other matters.


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