PD v SD & Anor

The balance of Article 8 rights falls decisively in favour of PD, who at age 16 is entitled to decide what, if any, information about his life and medical treatment is shared with his parents. It would be contrary to his welfare, privacy rights, and prospects for reconciliation to override his wishes.

Parties: Applicant: PD; Respondent: SD; Respondent: JD; Respondent: X County Council
Jurisdiction: England and Wales
Judgment Date: 26 August 2015
Procedural Posture: Family / Judgment on Application for Declaratory Relief
Outcome: Declaratory relief granted as sought by PD.
Legal Topics: Parental Rights, Article 8 ECHR, Confidentiality of Medical Information, Children's Consent to Treatment, Looked After Children, Gender Identity

Family Law Child Law Human Rights Parental Rights Article 8 ECHR Confidentiality of Medical Information Children's Consent to Treatment Looked After Children +1 more

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2

Parties

Applicant

Respondent

X County Council

Respondent

Procedural Posture

Family / Judgment on Application for Declaratory Relief

Legal Issues

1 Whether the local authority must provide information about a 16-year-old looked after child's life and medical treatment to the parents against the child's wishes
2 Whether the child's Article 8 rights to privacy and confidentiality override the parents' rights to information

Ratio Decidendi

Court Disposition

Declaratory relief granted as sought by PD.

Orders

The local authority is not to provide information about PD's life or medical treatment to his parents without his consent.