LAW 3: Children and Law Flashcards
1
Q
What does the Children Act 1989 state?
A
- the child’s welfare is PARAMOUNT
- rights of parents are secondary
- HCPs should work in partnership with parents
- children should be involved in their decisons as well
2
Q
what is parental responsibility?
A
- parents have responsibility to their children, even if children are no longer living with them
- gives either or both parents right to decide for children
3
Q
who are the people who have parental responsibility?
A
- Both parents (if married, or both names on birth certificate)
- Mother only (if unmarried or no agreement with father)
- legally appointed guardian
- local authority with a care or protection order
4
Q
what is the age of consent for children?
A
- 16 is age of consent to medical treatment
- parental responsibility ends at 18
5
Q
who can consent for children under 16?
A
- only those with parental responsibility can consent on behalf of child
- if more than one person with parental responsibility, only need consent from one
- if parental disagreement, get court order
- EMERGENCY: treat without consent as long as BI
6
Q
What is Gillick competeence?
A
under certain conditions, a doctor can obtain permission to treat a child without consulting a parent
7
Q
what are the criteria for Gillick competence?
A
- ask child whether you can tell one or both parents? (if yes, child can be treated like any other child with parental permission, if no respect confidentiality)
- how mature is child in terms of treatment (does she understand treatment and complications)
- pt can be considered Gillick if these are fulfilled and pt is likely to suffer physical/mental harm without treatment
8
Q
What does Gillick competence allow?
A
allows minors to accept treatment but they CANNOT decline treatment that is in their best interest
9
Q
what do you do if the child is <16 but Gillick competent and refuses treatment that’s in their BI?
A
obtain permission from one or both parents
