Medical treatment and 16/17 year olds – joining the dots

Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42) on 26 September 2019, which made me reflect upon how disconnected was the thinking of the courts (and indeed commentators) in relation to the position of medical treatment in relation to 16-17 year olds, I have written a working paper highlighting some key questions that seem to require consideration and resolution.  It is deliberately (if pompously) described as a  working paper because it contains thoughts that are still in train.  I work dilemmas out best by writing about them. I am sharing it at this stage as much as anything else to solicit observations; it may well form the basis of a formal article in due course (and I reserve the right entirely to change my mind about anything contained within it upon the basis of further reflection and/or in the light of observations received).

 

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