header-logo header-logo

Assessment matters

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll