Children part 2 law

Question 1

What are the principles of the Children Act 1989?

Answer 1

1) Child’s welfare paramount
2) Presumption of no order
3) Welfare principle in practice
4) Parental responsibility
5)

Question 2

Principles of Children Act 1:
Child’s welfare paramount

Whose rights are secondary- parents or child’s?
What specific decisions important?

Answer 2

Everything done by local authority, court or anyone

• Rights of parents secondary to welfare of child
• Important: refusal, consent, confidentiality breaches/info disclosure

Question 3

Principles of Children Act 2:
Presumption of no order (s1.5)

What does it mean?

Answer 3

Act assumes most cases courts won’t force order upon parents/local authority

• Court orders only made when benefit child
• Local authorities work in partnership with parents for child welfare

Question 4

Principles of Children Act 3:

Welfare principles in practice

Answer 4

• Children brought up by parents possible (+ support children in need) + include children in decision making
• Protect children + intervene if in danger
• Parents parental responsibility even if children don’t live with them + participate in decisions made in future

Question 5

Principles of Children Act 4: 
Parental responsibility (cornerstone of act)

What is it?

Who has parental responsibility?

Answer 5

Parental responsibility: gives either or both parents right to decide for their children decisions

• Courts view matters where relation breakdown between parents or local authority feel parents incapable of looking after children

Parental responsibility:

• Both parents (married at birth or both on birth certificate)
• Mother only (if unmarried and no agreement with father)
• Legally appointed guardian
• Local authority with care or protection order

Question 6

Principles of Children Act:
Abuse of Children

What is it?

What are the categories where local authorities need to intervene?

Answer 6

Non accidental injury where local authorities need to intervene.

Categories:

• physical
• sexual
• neglect
• emotional

Question 7

What is the age of consent of medical treatment and which act is it stated in?

Answer 7

Age of consent= 16

Family Law (reform) Act 1969

Question 8

At what age does parental responsibility end?

Answer 8

18

But some powers of being able to agree to medical treatment on behalf of child end at child’s 16th birthday

Question 9

Who consents to treatment for a child below 16?

Do you need consent from both parents?

What happens when there is parental disagreement?

Answer 9

• Only those with parental responsibility can agree to medical treatment for child
• If several people with parental responsibility only need permission from one of them
• For major decisions where there is parental disagreement advisable to seek court approval

Question 10

What happens in an emergency for child <16 where no-one with parental responsibility available?

Answer 10

Medical treatment/surgery without consent under legal principle of necessity

Treatment legally necessary if:

1) best interests
2) cannot wait until consent obtained

Question 11

What is the Gillick exception to competence?

Answer 11

A child can consent to their treatment provided they are Gillick competent

Gillick case about availability of medical treatment to mature minors who might otherwise not have access to such treatment

Question 12

What is the criteria for Gillick competence?

Answer 12

Ask the child if you can tell one or both of her parents.

• If yes=> like any other child – with her parent(s) permission.
• If no=> confidentiality respected.

Assess maturity, in terms of treatment

• Understand treatment and complications?
• If so can be considered if:-

Likely suffer physical/ mental harm without treatment and in treatment in bests interests.

This has been extended to all forms of treatment for minors

Question 13

Is there a lower age limit to Gillick competence?

Answer 13

No lower age limit to Gillick competence

But younger patient, more healthcare practitioner will have to justify how assessment of maturity + best interests made

Question 14

What does the law say about refusal of treatment in children?

Answer 14

Gillick case about availability of medical treatment to mature minors who might otherwise not have access to treatment

So children cannot refuse medical treatment as this would rarely be in best interests

Question 15

What does the law say about consent and refusal of Gillick competence child?

Answer 15

If Gillick competent:

• CAN consent to treatment (as in best interests)
• CANNOT refuse medical treatment (not in best interests)

Question 16

Extra info:

Answer 16

Parental responsibility for courts (as opposed to parents) ends at 18, it is theoretically possible to overrule a refusal of a patient and ask the court for permission.

This court permission would be necessary if the child was 16 or 17, but if younger it is usually possible to obtain the permission of one of the parents, and hence proceed.