Session 3: Children and the Law

Question 1

what does the children act 1989 say

Answer 1

childs welfare is paramount. the rights of the parents are secondary. hcps should work in partnership w parents and children should be involved in their decision aswell

Question 2

who has parental responsibility

Answer 2

both parents (if married or both names on birth certificate)
mother only (if unmarried or no agreement w father)
legally appointed guardian
local authority w a care or protection order

Question 3

when should local authoritys intervene

Answer 3

if child abuse is suspected

Question 4

when does parental responsibility end

Answer 4

at age 18

Question 5

who can consent on behalf of children <16 years

Answer 5

only those w parental responsibility

Question 6

how many consents are needed if there is more than one person w parental responsibility

Answer 6

only consent from ONE is necessary

Question 7

what to do if there is parental disagreement

Answer 7

a court order is recommended

Question 8

what to do if there is an emergency and there is noone w parental responsibility to consult

Answer 8

can give treatment without consent provided it is in the best interests of the patient (acting on the basis of necessity)

Question 9

what is the criteria for Gillick competence

Answer 9

1. ask the child whether you can tell one or both parents: if yes, treat the child like any other child w parental permission; if no confidentiality must be respected
2. assess how mature the child is in terms of the treatment; do they understand the treatment and complications
3. if the above criteria is fulfilled AND the pt is likely to suffer physical or mental harm w/o the treatment and it is in their best interests to receive it = they are Gillick Competent

Question 10

what is the lower age limit for Gillick competence

Answer 10

there is none

Question 11

what should you do if the child is<16 and Gillick competent but they refuse treatment that is in their best interest

Answer 11

should be possible to obtain permission from one or both parents