Co-authored by Rhys Hadden.
Contents
- A Framework 4.1
- B The child’s ability to give valid consent 4.2
- General principle 4.2
- Children of 16 years of age and over 4.3
- The Family Law Reform Act 1969 4.3
- Children aged 16–17 – capacity 4.4
- Children under the age of 16 – Gillick competence 4.5
- Bell v Tavistock 4.6
- Who determines competence? 4.7
- Gillick competence and best interests 4.8
- C The child’s ability to refuse 4.9
- A refusal by a minor of any age can be overridden by the court 4.10
- Compulsory treatment and children’s rights 4.11
- European Convention on Human Rights 4.11
- United Nations Convention on the Rights of the Child 4.12
- Re X (A Child) (No 2) 4.13
- The refusal of a capacitous minor of 16–17 or a Gillick competent child cannot be overridden by the consent of a parent 4.14
- Children under the age of 16 not possessing Gillick competence 4.15
- D Parents and those with parental responsibility 4.16
- Power to consent 4.16
- Where parental consent is given but a court application may still be required 4.17
- Disputes between parents 4.18
- Disputes between parents and local authorities with parental responsibility 4.19
- E Best interests 4.20
- The court – and consideration of alternative dispute resolution 4.20
- The approach to best interests 4.21
- The key principles – Fixsler 4.22
- The views of the minor 4.23
- The views of parents 4.24
- Parental rights 4.25
- Legal challenges to the best interests test: Charlie Gard and Alfie Evans 4.26
- Pippa Knight 4.27
- Alta Fixsler 4.28
- Cases where parental views have prevailed 4.29
- Tafida Raqeeb 4.30
- Participation of parents 4.31
- F Further considerations 4.32
- Treatment of very young children 4.32
- Deliberate killing – the conjoined twins case 4.33
- Withholding and withdrawing life-sustaining treatment 4.34
- Withholding treatment 4.34
- Withdrawing treatment 4.35
- Providing treatment 4.36
- Preservation of life: vitally important but not determinative 4.37
- Pain 4.38
- Dignity 4.39
- Balance sheet 4.40
- G Procedure 4.41
- Practical tips 4.42
- H Mental Health Act 1983 4.43
- Admission to hospital 4.43
- Young people aged 16–17 and Gillick competent children 4.43
- Treatment 4.44
- Mental Health Act 1983: Code of Practice 4.44
- I Conclusion 4.45