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law notes children and the law
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Lecture notes of 2 pages for the course Law at BU (Notes for lecture)
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Children and the Law13th October
Children
Parent might interfere in the family - an issue - social services, parents?
Children Act, no order principle- underpinned by non interference in the family.
Section 3 of children act: parental responsibility
miles George and Harris short - explain in the law commission repost that parental
responsibility.
If a parent did not fulfill their responsibility, they could intervene
John eklar was another concept was to redefine the relationship between the
children and the state. - in 80s was minimal state intervention idea. State should
keep out of it. Burden of family should be removed from the state.
What kind of interference can the state do
-strongest form = removing child from parent
-or monitoring her, providing things for a child. Section 17 services for children in
need, would be perceived as some sort of interference, monitoring a child,
partnership?
What kind of different approaches towards state intervention/interference in the
family?
Laissez faire approach
Welfare principle approach -&human Rights Act can these two approaches be
compatible and have the courts solved it? Not compatible but courts try
Parents rights
Child’s rights
20th October
10:43
South Glamorgan CC v W and B
S28 CA 1989
Court can overrule refusal
Questions:
Who normally makes decisions about medical treatment of minors?
those with PR and doctors (can’t treat without someone who has capacity to
consent, usually those with PR)
Do minors aged 16 and over have capacity to make decisions about mediacal
treatment?
What criteria does Lord Fraser set for the doctors deciding whether to give
contraceptive advice and treatment without parents knowledge or consent
understanding the situation
Sufficient intellligence and understanding
Physical and meant all health are likely to suffer
Her best interests eerie him to give cont advice or treatment
Does this test give decision making tole to minors
gives to doctors
If overruled then no
Doctors have ultimate power
What did Lord Scarman say about parental responsibility
Can’t determine medical treatment
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