This is a reblog from the ‘UK Human Rights Blog’ site. The blog’s editorial team is
General Editor: Adam Wagner
Commissioning Editor: Jim Duffy
Editorial team: Rosalind English, Angus McCullough QC, David Hart QC, Martin Downs.
It raises interesting issues re ‘best interests’ decisions. Worth a read.
JM (a child), Re EWHC 2832 (Fam), 7 October 2015 – read judgment
Mostyn J, ruling in the Family Division that a child should receive surgical treatment for bone cancer against the wishes of his parents, has referred to Ian McEwan’s “excellent” novel The Children Act (Jonathan Cape 2014), which is about a 17 year old Jehovah’s Witness refusing a blood transfusion. The judge noted however that the book was in fact “incorrectly titled”:
a question of whether a medical procedure should be forced on a 16 or 17 year old should be sought solely under the High Court’s inherent jurisdiction, and not under the Children Act.
This case on the other hand concerned a ten year old child, J. The NHS Trust sought permission to perform urgent surgery of a serious nature on his right jawbone, where he has a very rare aggressive cancer. Its medical name is a craniofacial…
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