A (A Child) [2014] EWHC 1445 (Fam) (21 March 2014)

A (A Child) [2014] EWHC 1445 (Fam) (21 March 2014)

A was found to have sufficient understanding and intelligence to consent to the termination of her pregnancy, satisfying the Gillick competence test; therefore, a declaration was made confirming her capacity.

Citation
[2014] EWHC 1445 (Fam)
Parties
Claimant/respondent: AN NHS Trust; Defendant/appellant: A; Defendant/appellant: B; Defendant/appellant: C; Defendant/appellant: A Local Authority
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
Family / Application for Declaratory Relief at First Instance
Outcome
Declaration granted confirming A's capacity to consent; reporting restriction order made.
Legal Topics
Capacity to Consent, Termination of Pregnancy, Gillick Competence, Reporting Restrictions
Family Law Medical Law Child Law Capacity to Consent Termination of Pregnancy Gillick Competence Reporting Restrictions

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Parties

AN NHS Trust

Claimant/respondent

A

Defendant/appellant

B

Defendant/appellant

C

Defendant/appellant

A Local Authority

Defendant/appellant

Procedural Posture

Family / Application for Declaratory Relief at First Instance

Legal Issues

  1. 1 Whether a 13-year-old has capacity to consent to termination of pregnancy
  2. 2 Whether a declaration should be made as to capacity
  3. 3 Whether reporting restrictions are appropriate

Ratio Decidendi

A was found to have sufficient understanding and intelligence to consent to the termination of her pregnancy, satisfying the Gillick competence test; therefore, a declaration was made confirming her capacity.

Court Disposition

Declaration granted confirming A's capacity to consent; reporting restriction order made.

Orders

  • Declaration that A has capacity to consent to termination of pregnancy
  • Reporting restriction order in standard terms, with liberty to apply to vary on 48 hours' notice