Children: Law Flashcards
What is the Children Act 1989
Lays out the obligations that local authorities have for children
Children Act 1
-S1
The child’s welfare is paramount
- everything done by a local authority, court, or any person but prioritise the welfare of the child
- the rights of the parents are secondary to the welfare of the child even this creates an unjust situation for either or both parents
Relevant to HCPs in situations like
- obtaining consent
- refusal of treatment
- disclosure of information/breaching patient confidentiality
Children Act
-S1.5
Presumption of no order
- The Act assumes that in most cases the courts will not force upon the parents or upon the Local Authority
- Court orders will therefore only be made where this will benefit the child
- There is a requirement for local authorities to work in partnership with parents for the welfare of the child
How are parents involved in supporting the welfare of their children
Where possible, children should be brought up and cared for within their own families
-parents with children in need should be helped to bring up their children themselves
Parents and agencies should work in partnership so that the welfare of the child is not prejudiced
Parents continue to have parental responsibility even if their children are no longer living with them
Parents should be kept informed about their children and participate in decisions made about their future
How is child welfare protected under the Children Act
Children should be safe and protected by effective intervention if they are in danger
Children should be kept informed about what happens to them and their wishes and feelings taken into account (considered in the light of age and understanding)
They should have the opportunity to participate in decisions made about their future
Children Act
- what is parental responsibility
- who can have parental responsibility
Parental Responsibility gives either or both parents the right to decide for their children decisions that most take for granted
Both parents
-if married or both on birth certificate
Mother only
-if unmarried and no agreement with father
Legally appointed guardian
Local Authority with a care or protection order
Children Act
-when is the Local Authority obliged to intervene
Physical abuse
Sexual abuse
Neglect
Emotional abuse
Each local authority is required to keep a list of those who are considered ‘at risk’
What is the age of consent for medical treatment as stated by The Family Law (Reform) Act 1969
16
Parents can no longer consent for their children
The courts can consent for children until 18
How is consent obtained if the child is U16
-what happens if there is no one who can consent for the child
Individuals with parental responsibility
- if there are several people with parental responsibility, only consent from 1 of them is ok
- for major decisions where there is parental disagreement => advisable to seek court approval
In an emergency when no one with parental responsibility is available, treatment or surgery can be given without consent under the legal principle of necessity
-treatment is legally necessary if it is in the patient’s best interests and cannot wait until consent can be obtained
The Gillick Exception
-what is it
Under certain conditions, a doctor can treat a child without consulting those with parents
Describe the 3 criteria in the Fraser competence
- Ask the child if you can tell one or both parents
Yes => can be treated as normal with parental consent
No => respect confidentiality - Assess maturity of child
Do they understand what treatment involves and its risks?
Yes => can be considered Gillick competent - Are they likely to suffer physical or mental harm without treatment and is in their best interests to receive the treatment
Yes => can proceed
Clinician must be able to justify their maturity and best interests assessment
Describe how Gillick competence may relate to refusal of treatment
A Gillick competent child can refuse treatment but this refusal can be overriden if it is NOT IN THEIR BEST INTERESTS
