Should a Court decide whether a child should have medical treatment?

In the recent case before the Court, a mother is trying to prevent her son from receiving medical treatment for a brain tumour. In the absence of the mother’s consent to the medical treatment, a Judge sitting in the High Court will have to decide whether the treatment in is the child’s best interests.

As it stands, the Judgement of Mr Justice Bodey in connection with the application for a Specific Issue Order has been delayed due to a change of circumstances.

To clarify, Specific Issue Orders can be used by the Court in order to resolve issues in dispute in relation to the exercise of Parental Responsibility. Parental Responsibility is the rights as a parent to be informed and consulted about important decisions relating to the child including health, religion and education. Therefore, if a parent has Parental Responsibility of a child (as not all parents do), then they have the right to consent or refuse to medical treatment.

When there is a dispute between the parents as to the exercise of Parental Responsibility or even between a parent and a medical profession involved with the child, then in the absence of an agreement, the Court decides.

To read more about this specific case, follow the link below.

Should you wish to speak to someone regarding this article, please contact Gemma Hughes on 01743 285888 or email


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