Law and Rights
Mr Justice Baker has handed down judgment in the wardship case of Ashya King - (see earlier post)
Judiciary website - Judgments and Orders
Baker J said that Portsmouth Council had acted "entirely correctly" and the parents had reached a treatment plan for Ashya which was "coherent and reasonable" Ashya had been admitted to hospital for proton treatment and appropriate funding arrangements were in place. Ashya was therefore no longer to be a ward of court. The learned judge chose not to make any comment about the appropriateness of the European Arrest Warrant though he commented that it was not in Ashya's best interests for him to have been separated from his parents in such circumstances.
The words of Baker J at para 34 emphasize the huge responsibility which parents have for their children -
".... Any parents in the position of Mr and Mrs King would do whatever they could to explore all options. Some parents would follow the advice of the local doctors to use conventional radiotherapy, others would prefer the relatively untested option of proton therapy (assuming the funds can be made available to meet the cost of transport and treatment) in the hope that the toxic effects of radiation will be reduced. Both courses are reasonable and it is the parents who bear the heavy responsibility of making the decision. It is no business of this court, or any other public authority, to interfere with their decision ...."
The law only gets involved when children are either suffering or at risk of suffering "significant harm" - a term which is defined in the Children Act 1989.
Baker J's judgment of 8th September 2014 concludes by saying - "It only remains for me to express the hope, which I am sure is shared by everyone in court and all those who read this judgment, that Ashya makes a good recovery. We all send our best wishes to Ashya and his loving parents."
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Law and Rights
Ashya King (2)
Judiciary website - Judgments and Orders
Baker J said that Portsmouth Council had acted "entirely correctly" and the parents had reached a treatment plan for Ashya which was "coherent and reasonable" Ashya had been admitted to hospital for proton treatment and appropriate funding arrangements were in place. Ashya was therefore no longer to be a ward of court. The learned judge chose not to make any comment about the appropriateness of the European Arrest Warrant though he commented that it was not in Ashya's best interests for him to have been separated from his parents in such circumstances.
The words of Baker J at para 34 emphasize the huge responsibility which parents have for their children -
".... Any parents in the position of Mr and Mrs King would do whatever they could to explore all options. Some parents would follow the advice of the local doctors to use conventional radiotherapy, others would prefer the relatively untested option of proton therapy (assuming the funds can be made available to meet the cost of transport and treatment) in the hope that the toxic effects of radiation will be reduced. Both courses are reasonable and it is the parents who bear the heavy responsibility of making the decision. It is no business of this court, or any other public authority, to interfere with their decision ...."
The law only gets involved when children are either suffering or at risk of suffering "significant harm" - a term which is defined in the Children Act 1989.
Baker J's judgment of 8th September 2014 concludes by saying - "It only remains for me to express the hope, which I am sure is shared by everyone in court and all those who read this judgment, that Ashya makes a good recovery. We all send our best wishes to Ashya and his loving parents."
- Family Court And (lack Of) Legal Aid
Sir James Munby PGovernment 'washing its hands' of legal aid problem for vulnerable parents - Owen Bowcott - The Guardian 31st October 2014 The legal aid regime currently in place for "public law" family cases has this, to say the least, highly...
- Eu ~ Lisbon Treaty ~ The Bloc Opt-out And Selective Opt-back-in
"Whether EU measures covered by the so-called '2014 block opt-out decision' continue to apply to the United Kingdom and become subject to the jurisdiction of the Court of Justice from 1 December 2014 is a profoundly significant issue. Some?including...
- Some Recent Decisions In The Family Court
Since the creation (on 22nd April - see post of 24th April) of the new Family Court for England and Wales, cases are being reported by Bailii under the headings of- England and Wales Family Court Decisions (other Judges)England and Wales Family Court...
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