Nottinghamshire County Council v J (The Mother)
| Jurisdiction | England & Wales |
| Judge | Mrs Justice Lieven,Mrs Justice Lieven DBE |
| Judgment Date | 08 June 2021 |
| Neutral Citation | [2021] EWHC 1651 (Fam) |
| Docket Number | Case No: NG21C00055 |
| Court | Family Division |
| Date | 08 June 2021 |
[2021] EWHC 1651 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Mrs Justice Lieven
Case No: NG21C00055
and
and
Mr James Cleary (instructed by Nottinghamshire County Council) for the Applicant
Ms Lianne Murphy (instructed by Woodfines) for the First Respondent
Ms Beryl Gilead (instructed by Tallents) for the Second Respondent
The Third Respondent did not attend and was not represented
Hearing dates: 7 May 2021
Approved Judgment
This is an application by Nottinghamshire County Council for a declaration under the Inherent Jurisdiction that it is in K's best interests for him to have spinal surgery. Unusually, I have decided that it is appropriate to determine this matter on the papers before me without an oral hearing.
K is a 14 year old boy who is subject to a care order made in December 2016 and who currently lives in foster care. He has a complex disability including cerebral palsy with very great impairment of his gross motor functioning, severe developmental delay and epilepsy. K can only communicate through facial expressions and gestures.
His cerebral palsy had caused him to develop progressive scoliosis, a sideways twisting of his back. This in turn causes him a number of difficulties, including twisting of his left side causing the skin to breakdown, and multiple infections. This then limits the amount of time he can spend sitting. If the scoliosis develops then there will be pressure on his lungs and abdomen which will cause increased discomfort and shorten his life expectancy. It could also prevent him from eating normally. The limitation on the amount of time he can sit in his wheelchair limits his social engagement.
The evidence suggests that K's condition is worsening quite rapidly as he grows, and that this worsening will continue.
K's treating doctors have proposed that he undergo a spinal operation to straighten his spine and prevent further curvature. This operation, if successful, would improve his quality of life in considerable ways.
The operation is a complex one with significant invasive treatment. It involves inserting screws and a rod into this spine, together with bone grafts to help the spine fuse. K would have to spend time in intensive care and, assuming that all goes well, he could...
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