Chapter 9 Self-test questions

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. What is the significance of s.1(1) Children Act 1989 in relation to court decisions about a child's upbringing?

That parents are the best people to make decisions about the child's upbringing. correct incorrect

That a child's welfare is the first, but not the only, consideration when making the court has to make decisions about their upbringing. correct incorrect

That the child's welfare means that children should live with their parents. correct incorrect

That the child's welfare is paramount and will determine the outcome of the case. correct incorrect

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. The welfare principle applies to any decision that a court has to make that involves a child or children. True or false?

True correct incorrect

False correct incorrect

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. Which of the following statements is correct?

When making decisions about welfare, the most important factor is the children's wishes and feelings. correct incorrect

When making decisions about welfare, the court should consider the welfare checklist, but other issues may also be relevant. correct incorrect

When making decisions about welfare the court will always consider the ability to meet physical needs first. correct incorrect

When making decisions about welfare the court can only consider the welfare checklist. correct incorrect

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. In his research, how did Rob George find that ideas about welfare differed between New Zealand and England? Choose all that apply.

In New Zealand, greater priority was placed on maintaining family ties. correct incorrect

In England, greater priority was placed on the well-being of the primary carer. correct incorrect

In New Zealand greater priority was place on financial security for the primary carer. correct incorrect

In England greater priority was placed on religious and cultural factors. correct incorrect

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. Consider J v B and the Children (Ultra-Orthodox Judaism: Transgender) [2017] EWFC 4; appealed as Re M [2017] EWCA Civ 2164 the Court of Appeal. What did the court describe as relevant to making a decision on welfare? Choose all that apply.

That the court had obligations under Equality Act 2010. correct incorrect

That the court should respect the parents own believes and prejudices. correct incorrect

The court should act as a reasonable parent who is broadminded and tolerant. correct incorrect

That the Equality Act 2010 was not relevant to decisions on welfare. correct incorrect

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. When two children are involved in a case, the welfare of the children can be considered separately. True or false?

True correct incorrect

False correct incorrect

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. Which writer on children's rights has suggested that children should have a right to be loved?

J. Griffin correct incorrect

J. Feinberg correct incorrect

S. Brennan correct incorrect

C.M. McLeod correct incorrect

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. Which of the following statements best summarises Eekelaar's theory of dynamic self-determinism?

Children should be allowed to make decisions for themselves as long as this does not go against their best interests. correct incorrect

Children should never be allowed to make decisions for themselves. correct incorrect

There should be limit on children's right to make their own decisions about their lives. correct incorrect

Children should be given freedom to make their own decisions when they reach the age of sixteen. correct incorrect

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. In Re E (A Minor) (Wardship: Medical Treatment) [1993] 1 FLR 386 what did the court decide about E's capacity to refuse life-saving treatment?

E did not have capacity to refuse life-saving treatment because he was not yet sixteen. correct incorrect

E did not have capacity to refuse life-saving treatment because his religious upbringing had prevented him from developing free will. correct incorrect

E had capacity to refuse life-saving treatment because he was nearly sixteen. correct incorrect

E did not have capacity to refuse life-saving treatment because he did to understand his medical condition. correct incorrect

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. The provisions of the European Convention on Human Rights to not apply to children. True or false?

True correct incorrect

False correct incorrect

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. Which article of the United Nations Convention on the Rights of the Child confers the right for children to be brought up by their parents?

Article 3 correct incorrect

Article 5 correct incorrect

Article 9 correct incorrect

Article 12 correct incorrect

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. The cases of Mabon, Roddy and Begum are all significant to the development of the law in relation to children's rights. Why were these cases decided on the issue of children's rights instead of on the welfare principle?

Because they were not directly about the upbringing of the children involved in the cases. correct incorrect

Because they all involved teenagers who were capable of expressing their own views. correct incorrect

Because the right for children to make decisions about their own lives is in direct conflict with the welfare principle. correct incorrect

Because the children involved were all over the age of sixteen. correct incorrect

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. If an adult has capacity, a refusal to accept life-saving medical treatment cannot be overturned by a court. True or false?

True correct incorrect

False correct incorrect

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. Which important case introduced the legal test that a child can give consent when a child achieves a sufficient understanding and intelligence to enable him or her to understand fully what is being proposed?

Gillick v West Norfolk and Wisbech Area Health Authority [1986] 1 AC 112 correct incorrect

R (on the application of Axon) v Secretary of State for Health and the Family Planning Association [2006] EWHC 37 (Admin) correct incorrect

Kings College Hospital NHS Foundation Trust v C and V
correct incorrect

Aintree University Hospital NHS Trust v James correct incorrect

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. Section 8 Family Law Act 1969 gives children aged 16 or 17 the right to consent to medical treatment. How have the court interpreted this in relation to young people refusing life-saving treatment?

That the right to consent means young people also have the right to refuse treatment. correct incorrect

That the right to consent means that young people who are Gillick competent can also refuse treatment. correct incorrect

That the right to consent means that young people who are Gillick competent can also refuse treatment. correct incorrect

That the right to consent does not also confer a right to refuse treatment. correct incorrect

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. Which of the following best summarizes the approach of the European Court of Human Rights in relation to children's rights and the welfare principle?

That children's and parents' rights must always be balanced equally. correct incorrect

That parents' rights are more important than a child's best interests. correct incorrect

That a child's welfare or best interests in paramount and must override the interests of parents. correct incorrect

That when balancing parents' and children's rights, the child's best interest or welfare may override the parents' rights. correct incorrect

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. In Re K D (A MInor) (Ward: Termination of Access) [1988] AC 806 Lord Oliver held that…?

The welfare principle did not conflict with the ECtHR's interpretation of Article 8 rights. correct incorrect

The welfare principle was incompatible with the ECtHR's interpretation of Article 8 rights. correct incorrect

Parents have a right to bring up their own children. correct incorrect

The welfare principle means that parents Article 8 rights are not relevant. correct incorrect

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. The parents of Charlie Gard successfully argued that the court could not base a decision to override their rights as parents to choose medical treatment for their son based on the test of the child's best interests. True or false?

True correct incorrect

False correct incorrect

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. Maryam has two children, Orinder, aged five, and Nisha, aged ten. The children's father died two years ago. Orinder has a form of childhood leukaemia and is extremely ill. The doctor's have predicted that Orinder will die within the next two years if he does not get a bone marrow transplant. If he has the bone marrow transplant there is a good chance he will live to adulthood. There is a low risk that he could die as a result of the surgery. Despite a national search the no match to Orinder can be found.
Nisha wants to give her bone marrow to try and save her brother's life. She says that she understands that there are risks for her and that the surgery will be painful, but is determined to do it. She cannot bear the pain of seeing her mother so sad and wants to try and make her mother happy.

Maryam has said that she will not consent to the surgery. The consultant wants the surgery to go ahead. What are the options for the hospital?

As Maryam is the only person with parental responsibility for both children, there surgery cannot go ahead without her consent and there is nothing the hospital can do. correct incorrect

If the hospital thinks that the surgery is in the best interests of the children, they can go ahead and operate without Maryam's consent. correct incorrect

The hospital needs to make an application to court. The court will make a decision based on Orinder's best interests as his life is at risk and saving his life will be a priority. correct incorrect

The hospital needs to make an application to court. The court will need to consider the best interests of each child individually and then weigh up the risks and benefits to both before making a decision. correct incorrect

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. Precious and Shanice are sisters. They are 14 and 13 years old. They live with their mother, Raeni. Their father, Thomas, has never lived with them, but they have had regular contact with him throughout their lives. Raeni has mental health problems and is an alcoholic. Her health has deteriorated in the past few years and Thomas has made an application to court for the girls to live with him. He is worried that they are taking too much responsibility for looking after their mother and that they should be able to focus on schoolwork and friends. He thinks Raeni should go into rehab and get herself better. Cafcass have prepared a report for the court recommending that the girls live with their father. Precious and Shanice are furious. They do not want to leave their mother as she can't look after herself and they think she needs them to make sure she eats regular meals. They also believe that if the court make an order for them to live with Thomas, the impact on their mother would be devastating. The girls have been to see a lawyer and made an application to the court to be joined as parties as they do not believe that their views are being represented properly to the court. What factors will the court consider when deciding whether to join the girls as parties to the proceedings?

The application to be joined as parties will be decided by balancing the children's right to express their views against the welfare consideration of what is in the children's best interests. correct incorrect

The application to be joined as parties will be decided by applying the welfare principle and considering whether participating in the proceedings will have an negative emotional impact on the children. correct incorrect

The application to be joined as parties will be determined on whether or not they have sufficient understanding to be able to participate in the proceedings effectively. Welfare is not a consideration at this stage. correct incorrect

The application to be joined as parties will be decided on the question of whether children have a right to express a view. Because Cafcass has already consulted them on their wishes the court are unlikely to see a need for them to be joined. correct incorrect

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. Tara is 17. She has suffered from anorexia since she was 13 and has spent much of the teenage years in hospital. As a result of the anorexia she how has a very weak heart. She has recently been admitted to hospital with a heart condition and been advised that she needs a heart transplant. She has told the doctors that even if a heart becomes available she will never consent to the surgery. She fully understands that this means she will probably die in the next three years, but she does not want to undergo such major surgery as she is afraid of the risks and does not think her life is worth saving. Tara's mother would like her to have the surgery, but only if Tara is happy to consent to it. Which of the following best summarises the legal position regarding Tara's refusal to consent to treatment?

At the age of 17 Tara is now an adult so, if she understands the consequences, she is free to make a decision about medical treatment. Her mother and the doctors must respect her autonomy and right to choose not to have the surgery. correct incorrect

Section 8 Family Law Reform Act 1969 confers the right to consent to medical treatment on 16- and 17-year-olds as Tara is therefore free to refuse surgery. Her mother and the doctors must respect her autonomy and right to choose not to have the surgery. correct incorrect

Section 8 Family Law Reform Act 1969 confers the right to consent to medical treatment on young people aged 16 and 17, but this does not mean that they have the right to refuse, and the court have the power to override the refusal to consent. correct incorrect

Even though Tara understands the consequences of refusing treatment, her reasons are not rational. In the circumstances her refusal to consent to treatment can be overridden by the court regardless of her age. correct incorrect

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. Alex is 14 years old and goes to a girls' school. The uniform rules do not allow girls to wear trousers. Alex has recently come out as non-binary and wants to be able to wear trousers to school if they wish to. Alex says that being made to wear a skirt is a breach of their human rights at it is ascribing gender roles to the young people in the school. Alex has organised a demonstration outside and an LGBT magazine want publish an article about Alex with pictures of the demonstration outside the school. The school have sought an injunction from the High Court preventing the magazine from naming the school or any of the young people involved, including Alex. The school claim that their future life chances may be affected if they are named and identified online. The headteacher believes that Alex in particular needs protecting from themselves as they are too young to understand questions of gender identity and that this is just passing phase that could come back to damage them in the future. Alex has applied to court to be allowed to tell their story including their name. Alex claims their rights under the Human Rights Act 1998 are being breached. What factors will the court consider when deciding whether Alex can be identified?

As Alex is 14 years old, they are still a child and their welfare is therefore the court's paramount concern regarding any decision made. The court will therefore weigh up what is in their best interests and will only consider the issue of rights when looking at whether their view on welfare is proportionate. correct incorrect

As Alex is 14 and still a child, they are not a rights holder under the European Convention of Human Rights. The court will consider their welfare as a primary consideration in accordance with the UN Convention on the Rights of the Child when deciding whether their identity should be protected. correct incorrect

Children do not have specific rights under the European Convention on Human Rights, but they do still have rights in relation to the existing articles. Alex's article 8 and article 10 rights are engaged and need to be balanced against the article 8 and 10 rights of the other young people involved in the protest. correct incorrect

The court will need to assess whether Alex is Gillick competent. If they are Gillick competent, they are entitled to choose whether they want to be named by the magazine regardless of the welfare considerations or human rights considerations of the other young people involved in the protest. correct incorrect