header-logo header-logo

08 December 2017 / David Burrows
Issue: 7773 / Categories: Features , Child law , Family
printer mail-detail

Assessment matters

nlj_7773_burrows

David Burrows presents a master class in child understanding & capacity

  • Assessment of a child’s understanding is complementary to law in relation to understanding under Mental Capacity Act 2005.
  • Gillick remains the basis for assessment of understanding.
  • Understanding is issue-specific: it must be tested according to the issue in hand and with all age-appropriate information available.

In Re S (Child as Parent: Adoption: Consent) [2017] EWHC 2729 (Fam) Cobb J sets out the legal framework for professional assessment of understanding of the process and effect of adoption for a mother, S, who is ‘under 16 years of age’. She suffers from ‘developmental delay and learning difficulties’ ([2]). She has not seen her child T whom she wants adopted. ‘Child’ is defined as a person not yet 18 (Children Act 1989 (CA 1989), s 105(1)), though this article is concerned mostly with a child of under 16.

The case is of significance more widely than to capacity and adoption. It reviews the question of understanding and Gillick -competence in children proceedings generally, though

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll