Children and the Law Flashcards
What is the Child Act 1989?
The child’s welfare is PARAMOUNT. The rights of the parent are secondary.
HCPs should work in partnership with parents and children should be involved in their decisions as well
What is parental responsibility?
Parents have a responsibility to their children, even if the children are no longer living with them
Gives either or both parents the right to decide for their children
Who has parental responsibility?
Both parents (if married, or both names on birth certificate)
Mother only (if unmarried or no agreement with father)
Legally appointed guardian
Local authority with a care or protection order
Local authorities are expected to intervene if child abuse (physical, sexual, neglect, emotional) is suspected
What are the rules of consent in children?
16 = age of consent to medical treatment (Family Law (Reform) Act 1969)
Parental responsibility ends at 18
Parental responsibility ends at 18 but some power of medical consent end at 16.
For children < 16, only those with parental responsibility can consent to treatment on behalf of the child
What to do if there is more than one person with parental responsibility:
only consent from ONE is necessary
If there is parental disagreement, a court order is recommended
What to do in an emergency if there is no one with parental responsibility to consult:
treatment can be given without consent if it’s in the best interest of the patient (acting based on necessity)
What Gillick competence?
Under certain circumstances, a doctor can obtain permission to treat a child without consulting a parent
What is the criteria for Gillick competence?
Ask the child whether you can tell one or both parents: if yes, the child can be treated like any other child with parental permission; if no, confidentiality must be respected.
Assess how mature the child is in terms of the treatment: does she understand the treatment and complications?
The patient can be considered Gillick competent if the above criteria are fulfilled AND the patient is likely to suffer physical or mental harm without the treatment and it is in her BIs to receive the treatment
There is no lower age limit to Gillick competence
Can a child refuse treatment?
CANNOT decline treatment that is in their best interest
What if the child is <16 years but Gillick competent and refusing treatment?
<16 and Gillick competent = can accept Tx but unable to refuse Tx (treat with parents’ consent)
What if the child is 16/17 and refusing treatment?
Can overrule refusal by gaining court permission to give treatment
What if <16 and parents are also refusing treatment?
Can override parents (cultural/religious beliefs) and treat on basis of best interests if Tx is life-sustaining
