A rock and a hard place? Ministry of Defence | Defence News | MOD confirms loss of recruitment data
Ian Batten
ukcrypto at chiark.greenend.org.uk
Tue, 29 Jan 2008 22:41:57 +0000
On 29 Jan 2008, at 21:51, James Cox wrote:
> Parents typically get carte blanche to decide what treatments their
> kid has
From http://cks.library.nhs.uk/knowledgeplus/medico_legal/child_protection_consent
> When a child requests medical treatment, the Clinician must address
> wider issues of confidentiality and the competence of the child to
> request such treatment. A child is described as "Gillick competent"
> if he or she has "sufficient understanding and intelligence to be
> capable of making up his own mind". The child would then be able to
> consent to medical treatment, and parental rights will yield to the
> child's right to make his/her own decision. The issue of
> confidentiality is addressed in Confidentiality and record keeping
> in the context of child protection.
> Whereas a child may be Gillick competent and have a right to request
> medical treatment, he or she would not, however, be entitled to
> refuse treatment.
>
I think, however, that a doctor who conspired with a parent to force
treatment onto a clearly unwilling fifteen year old would risk finding
their name entering into the literature. That the name Gillick is
invoked shows this is doctrine from within the past twenty years; the
inverse case of a competent child refusing treatment may simply not
yet have arisen. I can imagine, say, a competent terminally ill 15
year old wanting ``no 222'' on his/her notes against her parents'
wishes being a good starting point for a row.
ian