A (A Child)

A (A Child)

A has sufficient understanding and intelligence to consent to the termination of her pregnancy; therefore, she has capacity and may decide for herself.

Parties
Claimant: AN NHS Trust; Defendant: A; Defendant: B; Defendant: C; Defendant: A Local Authority
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
Application for Declaratory Relief / Judgment
Outcome
Declaration made that A has capacity to consent; reporting restriction order granted.
Legal Topics
Capacity to Consent, Termination of Pregnancy, Reporting Restrictions, Gillick Competence
Family Law Medical Law Child Law Capacity to Consent Termination of Pregnancy Reporting Restrictions Gillick Competence

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Parties

AN NHS Trust

Claimant

A

Defendant

B

Defendant

C

Defendant

A Local Authority

Defendant

Procedural Posture

Application for Declaratory Relief / Judgment

Legal Issues

  1. 1 Does A have the capacity to consent to the continuation or termination of her pregnancy?
  2. 2 Should a reporting restriction order be made to protect A's identity?

Ratio Decidendi

A has sufficient understanding and intelligence to consent to the termination of her pregnancy; therefore, she has capacity and may decide for herself.

Court Disposition

Declaration made that A has capacity to consent; reporting restriction order granted.

Orders

  • Declaration that A has capacity to consent to continuation or termination of pregnancy.
  • Reporting restriction order made to protect A's identity, with provision for variation on 48 hours' notice.