This chapter is concerned with medical decision-making for, with, and by mature children. Through a combination of academic discourse absent from the dominant literature and a case study from fiction (The Children Act by Ian McEwan), this chapter conducts a fresh exploration of ethical dilemmas that arise in child medical law. This chapter discusses the incremental changes in interpretation and application of the Gillick test, sections 2(1) and 3(1) of the Mental Capacity Act 2005, and section 8 of the Family Law Reform Act 1969 to understand minors’ power to consent and the much more limited power to refuse.
Aldridge J and others, ‘“I Can’t Tell My Child They Are Dying”: Helping Parents Have Conversations with their Child’ (2017) 102 Arch Dis Child Educ Pract Ed 182
Appelbaum P, ‘Assessment of Patients’ Competence to Consent to Treatment’ (2007) 357 N Engl J Med 1834
Cave E, ‘Goodbye Gillick? Identifying and Resolving Problems with the Concept of Child Competence’ (2013) 34 Leg Stud 103–22
Cave E and Purshouse C, ‘Think of the Children: Liability for Non-Disclosure of Information Post-Montgomery’ (2020) 28 Med Law Rev 270
Cawich S and others, ‘From the Patient’s Perspective: Is there a Need to Improve the Quality of Informed Consent for Surgery in Training Hospitals?’ (2013) 17 Perm J 22
Cole C and Kodish E, ‘Minors’ Right to Know and Therapeutic Privilege’ (2013) 15 Virtual Mentor 683
Coyne I and others, ‘Information-Sharing between Healthcare Professionals, Parents and Children with Cancer: More than a Matter of Information Exchange’ (2016) 25(1) Eur J Cancer Care (Engl) 141
Drane J, ‘Competency to Give an Informed Consent: A Model for Making Clinical Assessments’ (1984) 252 JAMA 925
Gilmore S and Herring J, ‘“No” is the Hardest Word: Consent and Children’s Autonomy’ (2011) 23 Child Fam Law Q 3
GMC (General Medical Council), ‘0–18 Years: Guidance for All Doctors’ (nd) https://www.gmc-uk.org/ethical-guidance/ethical-guidance-for-doctors/0-18-years/principles-of-confidentiality, accessed 9 January 2024
Harris J, ‘Consent and End of Life Decisions’ (2003) 29 J Med Ethics 10
Herring J, Medical Law and Ethics ( 9th edn, OUP 2023)
Kelly P, ‘An Untimely Future for Youth Studies?’ (2011) 30 Youth Stud Aust 47
Lamont S, Stewart C, and Chiarella M, ‘Capacity and Consent: Knowledge and Practice of Legal and Healthcare Standards’ (2019) 26 Nurs Ethics 71
Limb R, ‘According Appropriate Weight to Children’s Wishes and Feelings: University Hospitals Plymouth NHS Trust v B (A Minor) [2019] EWHC 1670 (Fam)’ (2021) 29 Med Law Rev 524
Maclean A, ‘Keyholders and Flak Jackets: The Method in the Madness of Mixed Metaphors’ (2008) 3 Clin Ethics 121
McEwan I, The Children Act (Vintage 2014)
Menkel-Meadow C, ‘Telling Stories in School: Using Case Studies and Stories to Teach Legal Ethics’ (2000) 69 Fordham L Rev 787
Moreton K, ‘A Backwards-Step for Gillick: Trans Children’s Inability to Consent to Treatment for Gender Dysphoria – Quincy Bell & Mrs A v The Tavistock and Portman NHS Foundation Trust and Ors’ (2021) 29 Med Law Rev 699
Taylor R, ‘Reversing the Retreat from Gillick?’ (2007) 19 Child Fam Law Q 81
Woodhead M and Montgomery H (eds), Understanding Childhood: An Interdisciplinary Approach (John Wiley & Sons 2003)
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