Children's Rights

Question 1

Gillick v West Norfolk 1986

Answer 1

when a child reaches a point when they have to make a medical decision, they understand it and want to make it without parents, they have a right to do so

Question 2

A NHS Foundation Hospital v P 2014

Answer 2

Gillick cometent teenager with history of self-harm refused treatment after overdosing paracetamol, hospital made an urgent out-of-hours application, granted

Question 3

Re R 1992

Answer 3

fluctuating mental state not Gillick competent

Question 4

Re J/Re W 1992

Answer 4

anorexia, over 16yo, no right to refuse moving to a different ward

Question 5

Re S 1994

Answer 5

blood treatment, refusal, no right to refuse, child-like looks

Question 6

Re L 1998

Answer 6

blood transfusion, no right to refuse because she didn’t have the necessary info

Question 7

Re P 2004

Answer 7

blood transfusion, Jehovah’s Witness, hospital did it anyway and sought order for future treatment, granted if necessary but should be avoided

Question 8

R (Axon) v SS for Health 2006

Answer 8

a mother sought an order that no abortion for under 16yo girls with confidentiality, refused on the lowest level

Question 9

A NHS Trust v A, B, C and Local Authority 2014

Answer 9

a 14yo girl with learning difficulties pregnant, she consented to abortion after talking to a doctor, low threshld for abortion

Question 10

R v Barker 2010

Answer 10

anal rape on a 3yo who was made a witness, the child’s competency left for jury to decide

Question 11

Re SC (A Minor) (Leave to Seek a Residence Order) 1994

Answer 11

a 14yo wanted to live with friend’s family, order granted

Question 12

Mabon v Mabon 2005

Answer 12

teenagers got their own individual representation

Question 13

J v C (An Infant) 1970

Answer 13

definition of welfare

Question 14

Re G 2012

Answer 14

orthodox Jewish school, children didn’t go ultimately

Question 15

A and B v Rotherham MBC 2014

Answer 15

adoption case, welfare throughout life

Question 16

Johansen v Norway 1996

Answer 16

no parent has the right to decision contrary to the child’s welfare

Question 17

YC v UK 2012

Answer 17

best interests paramount
it is in a child’s best interests: (i) that his ties with family be maintained except where the family has proved particularly unfit; and (ii) to ensure his development in a safe and secure environment
family ties may only be severed in very exceptional circumstances
where maintenance of family ties would harm the child’s health and development, a parent is not entitled under article 8 to insist that such ties be maintained