Children Law

Question 1

What is the main principle of the Children Act 1989?

Answer 1

That local authorities and the court must always be promoting and safeguarding the child’s welfare in everything they do. Even the rights of the parents can be overridden by the welfare of the child.

Question 2

Who has parental responsibility?

Answer 2

• The mother always does.
• Father, if and only if: they were married at the birth of the child; or his name is also on the birth certificate (e.g. when married later).
  If they are unmarried or there is no agreement between father and mother and they weren’t married at birth.
• Parental guardian
• local Authority with a care or protection order

Question 3

What are the different types of child abuse where the local authority is obligated to intervene?

Answer 3

Physical
Emotional
Sexual
Neglect

Question 4

At what age can a child consent to treatment? To what can a child of this age still not consent to however?

Answer 4

16. But this does not cover every medical procedure

16 and 17-year-olds cannot consent to things like cosmetic surgery, tissue donation, or research.

Question 5

For children below the age of consent, who can give consent to treatment?

Answer 5

Those with parental responsibility

Child themselves if they are Gillick competent

Question 6

If no one is available to give consent what do you do?

Answer 6

If treatment is not urgent, then can wait until someone with parental responsibility becomes available and gives consent.
If it is an emergency, doctor can give treatment on the legal basis of necessity, if it is in the child’s best interests.

Question 7

What are the Gillick criteria needed to make an exception of getting consent from the parents?

Answer 7

1. If child doesn’t want the parents to be informed - respect this confidentiality. (if they allow parents to be involved then obv you can just get parental consent)
2. Is the child mature enough and do they understand the treatment and its complications? Then make the exception if:
3. The treatment is in their best interests and without it they’ll probably suffer physical or mental harm.

Question 8

Can a Gillick competent child refuse treatment?

Answer 8

Usually no, as it wouldn’t be in their best interests. Also this refusal of treatment can also just be overridden by parental consent.
If child is 16/17 then court permission required ofc as they are of the age of consent.

Question 9

What about when the parents refuse treatment? E.g. based on religious reasons

Answer 9

Parental refusal of treatment can only be overridden if it is in the child’s best interests as per the Children Act. If it is based on religious reasons parents are not allowed to martyr their children.