The Children Act 1989 Flashcards
What does the Children Act set out?
Obligations that local authorities have towards children
Recall the principles of the Children Act
- Child’s welfare is paramount
- Presumption of no order
- Parental Resonsibility
- Child abuse
With regards to decisions made about children, whom should always be informed?
The Child themselves
The child’s parents (they continue to have responsibility over the children)
What is the presumption of no order?
In most cases the courts will not force an order upon the parents or local authority, so orders should only be made when it benefits child
What do the local authority need to be responsible for children?
Care or protection order
Recall 2 things the local authority is obliged to do regarding abuse of children
- Keep an “at risk” list
2. Intervene when they are obliged (these situations outlines in act)
What is the age of consent to medical treatment, and under which Act is this law?
16
Family Law Act 1969
At what age does parental responsibility end?
18
How many people with parental responsibility are required to consent to a medical treatment?
Just one
When should court approval be sought when 2 parents with responsibility for child are available?
Disagreement over major decision
Under what legal principle can emergency treatment be given to children in the absence of parental consent?
In an emergency, necessity
What is “Gillick competence”?
When a child under 16 is deemed competent to consent to a treatment
Recall the 3 steps of allowing a child to make a Gillick Competent decision
- Ask if you can tell parents (if no, you must respect that decision
- Assess maturity in terms of treatment - do they understand treatment and complications?
- If mature: are they likely to suffer harm without treatment, and is it in their BI?
What does a Gillick competent child not have authority to make decisions on?
Refusal of treatment - it is rarely in their BI
