An NHS Trust & Anor v A & Ors

An NHS Trust & Anor v A & Ors

J is not Gillick competent to decide on ART because he does not accept his HIV diagnosis and therefore lacks the necessary understanding to weigh the consequences of refusing treatment. It is in J’s best interests to commence ART as soon as possible, as the risk of harm from untreated HIV outweighs the risks of side effects or emotional harm. J is Gillick competent to consent to monitoring, psychotherapy, and peer support, but not to refuse ART. The court therefore makes a declaration as to his best interests regarding ART and related support, with further orders on care and supervision adjourned due to new developments.

Parties
Applicant: AN NHS Trust; Applicant: A Local Authority; Respondent: Mr A; Respondent: Mrs A; Respondent: JA (A Minor); Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Care and Medical Treatment Proceedings (children Act 1989, Inherent Jurisdiction) / Judgment After Final Hearing (partial, With Further Issues Adjourned)
Outcome
Declaration granted (J not Gillick competent for ART; ART in best interests); further orders on care/supervision adjourned; interim care order to continue.
Legal Topics
Gillick Competence, Parental Responsibility, Medical Treatment of Minors, Care Orders, Supervision Orders, Best Interests of the Child
Family Law Child Law Medical Law Gillick Competence Parental Responsibility Medical Treatment of Minors Care Orders Supervision Orders +1 more

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Parties

AN NHS Trust

Applicant

A Local Authority

Applicant

Mr A

Respondent

Mrs A

Respondent

JA (A Minor)

Respondent

Children’s Guardian

Respondent

Procedural Posture

Care and Medical Treatment Proceedings (children Act 1989, Inherent Jurisdiction) / Judgment After Final Hearing (partial, With Further Issues Adjourned)

Legal Issues

  1. 1 Is J Gillick competent to make decisions about ART and related treatment?
  2. 2 Is it in J’s best interests to commence ART?
  3. 3 Is it in J’s best interests to receive psychotherapy and peer support?

Ratio Decidendi

J is not Gillick competent to decide on ART because he does not accept his HIV diagnosis and therefore lacks the necessary understanding to weigh the consequences of refusing treatment. It is in J’s best interests to commence ART as soon as possible, as the risk of harm from untreated HIV outweighs the risks of side effects or emotional harm. J is Gillick competent to consent to monitoring, psychotherapy, and peer support, but not to refuse ART. The court therefore makes a declaration as to his best interests regarding ART and related support, with further orders on care and supervision adjourned due to new developments.

Court Disposition

Declaration granted (J not Gillick competent for ART; ART in best interests); further orders on care/supervision adjourned; interim care order to continue.

Orders

  • Declaration that J is not Gillick competent to decide on ART.
  • Declaration that it is in J’s best interests to commence ART as soon as possible.