The provision of healthcare to young and dependent children: the principles, concepts and utility of the Children Act 1989

Bridgeman, Jo (2017) The provision of healthcare to young and dependent children: the principles, concepts and utility of the Children Act 1989. Medical Law Review. ISSN 0967-0742

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Abstract

This article undertakes a thorough analysis of the case law concerned with the provision of healthcare to young and dependent children. It demonstrates how, despite the procedural changes introduced by the Children Act 1989 at an early stage in this body of case law, cases have continued to be brought to court by way of applications for the court to exercise its inherent jurisdiction or in wardship rather than using the orders introduced by the Act. In determining these cases, the court is focused upon its protective duty to the vulnerable but proceedings appear to be adversarial contests between the claims of adults to know what is best for the child in which the medical view normally prevails. Through consideration of the principles and concepts of the Children Act of parental responsibility, working together, the welfare principle and placing the child at the centre of care, this article demonstrates their utility, as yet to be fully realised, in relation to the responsibilities of parents, professionals, public authorities and the courts concerned with the provision of healthcare to young and dependent children.

Item Type: Article
Keywords: Children Act 1989; Children’s Healthcare; Parents, Healthcare Professionals, Public Authorities, Courts
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Jo Bridgeman
Date Deposited: 19 Apr 2017 16:11
Last Modified: 15 Jun 2017 09:54
URI: http://sro.sussex.ac.uk/id/eprint/67299

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