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Urgent out of hours application for treatment/deprivation of liberty order (16 yr old; LA has PR): Judge finds the LA less than helpful.

Urgent out of hours application for treatment/deprivation of liberty order (16 yr old; LA has PR): Judge finds the LA less than helpful.

20 October 2021 (Last updated: 9 Nov 2021 09:42)

A very recent case is of interest where an NHS Trust applied to a Judge in the early hours of the morning for an urgent order so that blood tests and treatment be provided (there was concern about a significant risk of liver failure) for a 16 year old young person who was refusing treatment and had discharged herself from hospital, after a suspected overdose.  The significance is that the Local Authority had PR for the young person and had been approached by the NHS trust who in the words of the judge had been' less than helpful'.  The judge went on to note that the duty solicitor for the LA had indicated that 'no further action would be taken by the LA save for observing D ( the young person) in the placement' .  Additionally the Judge noted 'I am conscious that the LA is not represented before the court but on the face of it this is an extraordinary position for a LA with parental responsibility for a child to have taken in light of the level of concern expressed by D's treating doctors'.  The court went on to make the orders requested by the NHS trust and to deprive D's liberty in order for her to have the required treatment.

 

Click here to read the Judgment in full

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2021/2676.html&query=(%22nhs+trust%22)