G (Notice to Parents: Duty of Local Authority under s22(4) CA 1989)

G (Notice to Parents: Duty of Local Authority under s22(4) CA 1989)

The Local Authority is not required to consult or inform G's mother about G's gender identity referral or therapeutic assistance under s22(4) Children Act 1989 because G is Gillick competent, has consistently expressed wishes not to inform her mother, and there is evidence that informing the mother would cause G psychological harm. The court exercises its discretion to dispense with service and declines to grant the declaration sought, holding that the Local Authority's professional judgment suffices under the statutory framework.

Parties
Applicant: Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: G (through her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
19 November 2018
Procedural Posture
Inherent Jurisdiction Application / Final Judgment
Outcome
Declaration sought by the Local Authority refused; interim orders dispensing with service on the mother continued.
Legal Topics
Parental Notification, Gillick Competence, Confidentiality, Children Act 1989 S22(4), Therapeutic Intervention, Gender Identity
Family Law Child Welfare Parental Notification Gillick Competence Confidentiality Children Act 1989 S22(4) Therapeutic Intervention Gender Identity

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Parties

Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

G (through her Children’s Guardian)

3rd Respondent

Procedural Posture

Inherent Jurisdiction Application / Final Judgment

Legal Issues

  1. 1 Should G's mother be given notice of these proceedings?
  2. 2 Is the Local Authority under a duty to inform G's mother of G's gender identity referral and therapeutic assistance under s22(4) Children Act 1989?
  3. 3 Does the Gillick competence of G affect parental notification?

Ratio Decidendi

The Local Authority is not required to consult or inform G's mother about G's gender identity referral or therapeutic assistance under s22(4) Children Act 1989 because G is Gillick competent, has consistently expressed wishes not to inform her mother, and there is evidence that informing the mother would cause G psychological harm. The court exercises its discretion to dispense with service and declines to grant the declaration sought, holding that the Local Authority's professional judgment suffices under the statutory framework.

Court Disposition

Declaration sought by the Local Authority refused; interim orders dispensing with service on the mother continued.

Orders

  • Mother not to be served or given notice of these proceedings until further order.
  • Local Authority may exercise professional judgment not to consult mother under s22(4) regarding G's gender identity referral and therapeutic assistance.