Alex RKPrompted 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 (most recently updated in October 2023) 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).
Hi Alex. When in these discussions we mention “The State”, (for example when we say ” the state knows or ought to know of such private confinements”), what do we mean by “The State”? I thought the term includes courts and local authorities, are NHS bodies included too?
Hi there. The “State” covers central government, local authorities, courts and NHS bodies. Which bit of the State then has to do something in response is often the very important practical issue.