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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> H (A Child)  EWCA Civ 1363 (19 October 2010)
Cite as:  EWCA Civ 1363
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ON APPEAL FROM MANCHESTER COUNTY COURT
(HER HONOUR JUDGE PENNA)
Strand, London, WC2A 2LL
B e f o r e :
|IN THE MATTER OF H (a Child)|
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
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The Respondent father did not appear and was not represented.
Crown Copyright ©
Lady Justice Black:
"I mention that [Z] has a medical condition, which is club foot; it is treated by the use of boots. That is an accepted conventional treatment and although it involves a certain amount of work on the part of those caring for him, I have no doubt that the parents are both committed to see that [Z] receives appropriate care in that respect."
"I assume that the father will travel by train. That will be, in my view, least disruptive for [Z], who may sleep for part of the journey but certainly can be attended to appropriately on the train."
And she provided also for a review in December to see how matters were working.
"…we discussed today again the protocol for his boots and bars. He should wear these if possible for around about twelve hours overnight and for naps when he goes down into his cot or bed. A routine should be kept for him so that he understands that it is an immovable part of his day."
On page 13 of the bundle writing on 24 June of this year she says:
"We expect him to wear his boots and bars for twelve to fourteen hours over the night-time period at least until the age of four years."
On page 14 of the bundle writing in July of this year she says:
"It is entirely satisfactory for [Z] to wear his boots and bar brace between the hours of 1-4pm and 7pm-6am if this is the regime the mother and [Z] are comfortable with."
And on page 16 of the bundle writing on 24 August of this year she said:
"In general we find that if a consistent night time routine is set up for children regarding the application of the boots and bars that they respond well to this and accept the routine. It is important to maintain the use of boots and bars for fourteen hours at night and if they are put down into their normal 'sleep place' for a nap to wear them then. This maintained consistency may help with the long term outcome for his feet. Without the boots and bars the recurrence of the deformity at [Z's] present age is expected to be at the 70-80% mark."
Order: Application refused