Consent in children & young people

Question 1

What does the United Nations Convention on the Rights of the Child (UNCRC) say in relation to children participating in decisions that are being made about them?

Answer 1

Right to say what they think should happen and have their opinions taken into account

Question 2

Under what piece of legislation does it say that when parents are making a decision about a child the child has ‘ a right to say what they think should happen and have their opinions taken into account’?

Answer 2

United Nations Convention on the Rights of the Child

Question 3

Children over what age are assumed to have capacity?

Answer 3

16+

Question 4

In Gillick case, when does it say parental right to determine whether or not their minor child below the age of 16 will have medical treatment terminates?

Answer 4

If the child achieves sufficient understanding and intelligence to understand fully what is proposed

Question 5

What is the ages for Gillick competence?

Answer 5

No fixed age - depends on maturity and understanding, and the nature of the decision to be made

Question 6

5 Fraser guidelines?

Answer 6

1. Understand
2. Cannot persuade her to inform parents or allow him to
3. Very likely to continue having sexual intercourse
4. Impact her mental or physical health
5. In her best interests

Question 7

Not Sexual Offences Act if

Answer 7

a) protecting child from STI

b) protecting physical safety

c) prevent child from becoming pregnant

d) promoting child’s emotional well-being being by giving of advice

Question 8

What does the Children Act stat should be the paramountcy principle in any decision made by court about a child?

Answer 8

Welfare of the child

Question 9

Which article of the UNCRC states the best interests of the child should be the primary concern in decision making?

Answer 9

Article 3