Children's Rights

Question 1

Re B?

Answer 1

Down syndrome baby. Parents didn’t want to prolong treatment.
Court ordered it as he could achieve decent standard of life.

Question 2

Re A?

Answer 2

Baby needing ventilation to breathe. Medical professionals seeking to remove ventilation.
Ventilation was not in interests - ventilated corpse.

Question 3

Charlie Gard?

Answer 3

Wanting to take son to USA for alternative treatment.

Court felt it would merely prolong suffering, so rejected application

Question 4

Case with test for under 16’s?

Answer 4

Gillick -
Fraser and Scarman had differing tests.
Scarman was the more general one - requiring sufficient maturity and understanding to comprehend treatment. This included familial, moral, long-term effects.
Fraser - specific steps about contraception

Question 5

Retreat from Gillick?

Answer 5

Re R - Suicidal 15 year old refusing help. She failed Gillick competency, but in obiter Donaldson talked of consent being a “lock with two keys”.

Re W - Anorexic 16 year old refusing treatment. Donaldson says no minor can override someone with PR over them. Compared consent now to a FLAK jacket - doctor needs one, but either child or parent can provide it.

Question 6

Critics of Donaldson?

Answer 6

Kennedy - Donaldson drove a coach and horses through Gillick

Freeman - Donaldson’s judgment is offensive and thoroughly objectionable

Question 7

Justification of Donaldson?

Answer 7

Laurie - Refusal requires greater understanding than acceptance

Herring - Distinction between a rejection of treatment and refusal of treatment

Coggon - Three theories of limiting autonomy

Question 8

Human Rights application of Gillick?

Answer 8

Axon - Axon wanted disclosure from medical professionals. Court confirmed that once Gillick passed, no need to tell anything.

Question 9

L v P?

Answer 9

Girl refusing DNA test. Her wishes are respected as she is Gillick competent

Question 10

F v F

Answer 10

Daughters and mother didn’t want vaccinations. Father did.

Court still allowed vaccinations as daughters influence by mother showed a lack of maturity.

Question 11

NHS Trust v P

Answer 11

Self-harming girl refusing all treatment. Court said that wishes of the child are a mere factor.

Question 12

NHS Trust v ABCA

Answer 12

Pregnant 13 year old had capacity to choose after a 45 minute consultation with psychiatrist.

Question 13

Re X

Answer 13

Pregnant 13 year old with 8 year old IQ had abortion done contrary to her wishes.