Children’s rights + medical decisions

Question 1

Doctor can prescribe contraceptive advice and treatment to an under 16 year old without parental consent if she has sufficient understanding of the issues involved and it is in her best interests to receive the treatment.
As long as the girl consents to the doctor.

Answer 1

Gillick v. West Norfolk and Wisbech Health Authority

Question 2

Reinforced Gillick principle.
If child is competent, they can consent to an abortion and not require parental consent.

Answer 2

R (Axon) v. Secretary
of State for Health (2006)

Question 3

15 year old girl did not want to consent to psychiatric treatment for her mental health, even though her parents consented.
Experts found that her mental state fluctuated and that she is competent at times but incompetent at others
She was found not Gillick competent, and court found treatment to be provided because it was in her best interest.
Even if competent, doctor can still go ahead with treatment because it is at her best interest and there is parental consent.
Therefore, children have the right to say “yes” but do not have the right to say “no”. If parent doesn’t give consent to treatment that is good for them, they can still go through with the treatment. If parent consent but C doesnt want to, C will still have to go through with the treatment.

Answer 3

Re R (A Minor) (Wardship: Medical Treatment)

Question 4

Competence not based on age but is a question of fact.

Answer 4

Bell v Tavistock

Question 5

Child raised as Jehovah’s witness, court found her upbringing to make her imcompetent because she has limited experience of the world

Answer 5

Re L (Medical Treatment: Gillick Competency) (1998 )

Question 6

Boy refused life saving treatment because he did not appreciate how distressed his parents would be at his death so incompetent

Answer 6

Re E (A Minor) (Wardship: Medical Treatment)

Question 7

Not just medical consent, in this case child found to be competent to sell her story to the newspapers.

Answer 7

Re Roddy (A child) (Identification: Restriction on Publication)

Question 8

child will have to understand the treatment, its consequences of not recieiving or being received.

Answer 8

Re R

Question 9

Doctor cannot proceed if both child and those with parental responsibility withhold consent unless there is a court order.

Answer 9

Glass vs UK

Question 10

Whether courts will grant a court order depends on what is in the child’s best interests.

Answer 10

Re A