The importance of a child being considered Gillick competent in such proceedings.

Questions – answer every question.

1. Critically discuss the importance of a child being considered Gillick competent in 

such proceedings. Refer to case law in your answer. 

2. Discuss the investigations that would have been undertaken under s47 Children 

Act 1989 and why. 

3. “the matter can now return to the judge for her to make any necessary welfare 

decisions”

Discuss this stage of the threshold criteria to determine how the welfare decisions

will be made. Refer to case law in your answer 

4. Discuss and evaluate how the granting of the Care Order under s31 (CA 1989) 

may contradict parts of the Human Rights Act 1998. 

5. The mother suffered a mental break down because of these proceedings. A 

referral was made by her GP as it was believed she needed assistance. Discuss 

the process of the referral and any admittance into a mental health hospital. 

6. It was believed that the father showed little understanding into the Local 

authorities concern. It was suggested that a psychologist undertake and 

assessment. Under what statute and why would such assessment be taken

Solution

1. The significance of a judge being able to determine whether or not a youngster is Gillick competent in a case like this cannot be emphasized. For a child to be judged Gillick competent, the case law stipulates that the kid must have the mental capacity to comprehend both the nature of the proceedings and the potential outcomes of the procedures. It is essential that this be done in order to guarantee that the kid will be able to participate in the processes and will be able to make educated choices about their own well-being.

2. Under section 47 of the Children Act of 1989, the investigations that would have been carried out would have been quite comprehensive. These investigations would have aimed to acquire evidence to support the accusations of abuse and evaluate if the threshold conditions for a Care Order were reached. The goal of these investigations would have been to gather evidence to support the allegations of abuse. In the course of these investigations, interviews would have been conducted with the kid, the child’s family, and any other professionals who were associated with the family. Additionally, any relevant medical and social care records would have been reviewed.

3. A very important step in the procedures is the stage of the threshold criterion known as “the issue may now return to the judge for her to make any required judgments about the welfare of the child.” At this point, the judge will take into consideration all of the evidence that has been obtained up to this point and will then make a decision about whether or not the minimum requirements for a Care Order have been satisfied. If the court concludes that the prerequisite conditions have been satisfied, they will next continue to decide the child’s welfare in light of what the future holds for them.

4. It’s possible that some provisions of the Human Rights Act of 1998 will be violated if a care order is issued under section 31 of the Children’s Act of 1989. In particular, the Care Order may go against the right to a family life since it will lead to the kid being taken from the care of their parents. This would, in turn, violate the right to a family life. However, the Care Order can also be required in order to safeguard the kid from suffering any future injuries and to look out for their best interests.

5. The general practitioner of the mother’s family sent her to a mental health facility after seeing that she was experiencing a mental breakdown. The recommendation was issued so that the mother may get the necessary assistance to heal from her mental breakdown and go on with her life. In order to complete the referral procedure, the primary care physician would have had to get in touch with mental health services and provide them information regarding the mother’s condition. The mother would have then been evaluated by mental health services, and a decision would have been made about whether or not she required admission to a mental health hospital.

6. The father had a low level of comprehension of the concerns of the local government. It was proposed that a psychologist to evaluate whether or not the father was capable of comprehending what was going on and choosing what was best for his personal well-being. An evaluation of this kind would be carried out in accordance with the Mental Health Act of 1983.

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