Lancashire County Council v M & Ors [2022] EWHC 2900 (Fam)

Tina Cook KC acted for W, a 13 years old who suffers from multi-system problems, arising from a rare gene mutation. His needs are complex and there is an ever-present risk of an acute life-threatening event. He requires 24-hours per day care, 7 days a week. Such are his needs that care must be provided on a 2:1 ratio.

The Local Authority applied to discharge the care proceedings on a legal and practical basis in that it was agreed after 18 months of proceedings the threshold were not met.

The Local Authority and the Guardian argued that it was not in the interest of the care of W for the proceedings to continue. The parents opposed the discharge application in order to negotiate different provision for W and to continue their Human Rights application.

The Court discharged the care order and the proceedings.

The full judgment can be found here.

7th Dec 2022

Tina Cook KC

Call 1988 | Silk 2011