In the latest ‘in conversation with,’ I talk to Dr Jonathan Brown about the very different approach to the decision-making authority granted children in Scotland, prompted by his article arising out of this case decided in Scotland just before Christmas 2025. The discussion hopefully serves both to alert people to the fact that they should not assume that things are the same either side of the border, to start to think about why this might be the case, and what this might suggest in terms of law reform. [Note: Jonathan explains things with huge clarity, but, as we get into, this is a remarkably complicated area, so you may want to have a wet towel ready to wrap around your head].
If you want an overview of the position in England and Wales, this chapter by Dr Camilla Parker KC (Hon) (from the LAG Disabled Children: A Legal Handbook (available for free thanks to the Council for Disabled Children) is extremely helpful; if you want to know more about the position of 16/17 year olds, I have done a video, available here.
