CHILDREN

adoption agency only recruiting evangelical staff & carers is lawful but can't exclude same-sex couples (case) - 2020, 185, 196
baptism of ten year old, divorced Jewish parents disagree (father Christian), court rules for baptism but not confirmation till sixteen without mother's consent (case) - 2012, 169, 262
biological stages to parental caring - 1978, 56/57, 20
baby of Jehovah's Witnesses needing surgery, court rules blood can be given despite parent's objection if no reasonable alternative (case) - 2014, 172, 75
brain-damaged baby, parents want life support, court rules for palliative care (case) - 2012, 169, 284
care proceedings for muslim children clarified circumcision as allowed for religious/other reasons but FGM never considered reasonable (case) - 2015, 174, 127
case histories of injustices under the Children Act 1989 - 2001, 146, 57
child abuse and parental rights in decision-making - 1991, 108/109, 2
child abuse cases: vicarious liability (Maga case and others), bar being lowered - 2011, 167, 20
child indoctrinated by Jehovah's Witness mother removed from estranged parents due to emotional harm (case) - 2015, 175, 281
child's rights should be examined separately to parent's - minority view in rights case (ECHR) - 2021, 186, 73
Children Act 1975 - 1978, 56/57, 7
Children Act 1989: current working and analysis of - 2001, 146, 57
children, effects of marriage breakdown on, and divorce reform - 1994, 122/123, 107
children at risk of offending, a plea for joined up help for - 2006, 157, 4
children giving evidence, Criminal Justice Act 1991: provisions for - 1992, 112/113, 4
children's 'rights' out of control - 2001, 146, 57
circumcision for Muslim boy opposed by carer & L.A. but wanted by parents; welfare judged important & decision deferred till child can choose (case) - 2021, 187, 182
circumcision in modern European society: balancing autonomy of child & that of religious groups; provisions in ECHR - 2021, 186, 20
circumcision: rights of child, parental rights & responsibilities, BMA guidelines on best interest, Gillick competence, case law - 2021, 186, 20
clerical 'duty of care' over children likely to be rare outside of sexual abuse cases (e.g. Maga) - 2011, 167, 11
conjoined twins case: balancing conflicting interests of two children - 2001, 146, 38
conjoined twins case: can they lawfully be separated when one must be killed? - 2001, 146, 38
conjoined twins case: parental wishes overridden - 2001, 147, 89
conjoined twins case: some medical, legal & Catholic concerns - 2002, 148, 65
contraceptives and doctor-patient relationship - 1985, 86/87, 51
court's jurisdiction over refusal of treatment by a minor aged over 16 - 1994, 120/121, 55
courts must take interests of UK children into account, if parent is deported, they will have little choice but to go (ECHR) - 2001, 166, 104
decision of 15 year old to refuse heart transplant overruled - 1999, 140/141, 22
Do Not Resuscitate orders & newborn babies - 2004, 153, 152
effects of family breakdown on children - 2001, 146, 57
effects of relationship breakdown on the children - 1996, 128/129, 18
estranged parents disagreeing over Islamic circumcision for children, parent cannot insist without other's consent; decision defered till boys can choose (case) - 2016, 176, 93
exclusion of pupils from school, is the system fair? - 1995, 124/125, 3
foster carers, ruled reasonable to refuse those who disapprove of homosexuality (case) - 2011, 166, 92; 2014, 173, 113
gambling & children: government proposals - 2002, 148, 38
gender dysphoria: ruling on children's informed consent to puberty blockers; Court of Appeal changes Divisional Court guidance of seeking court sanction, to gaining informed consent (case) - 2022, 188, 72
Gillick competence: discussion in regard to puberty blockers for children (case) - 2022, 188, 72
Gillick competent child refusing life-saving blood products as a Jehovah's Witness, court rules treatment to go ahead in best interests (case) - 2020, 184, 91
Jehovah's Witness elders must release documents concerning child abuse investigation, can't rely on confidentiality (case) - 2020, 184, 104
Jehovah's Witness minors, blood transfusions for; court correct to override their wishes & be 'slow to allow an infant to martyr himself' (case) - 2022, 188, 81
Jehovah's Witness mother overruled by court as in baby's interests to have blood transfusion - 2019, 183, 229
Jehovah's Witnesses refusing blood for self or children: cases where courts overruled - 2012, 169, 157
Jewish (Ultra Orthodox) children needing suitable respite care; one boy's rights breached, other not (case) - 2021, 186, 60
life support removal from brain damaged 2 year old ruled in her best interests, against Jewish rabbinical decision (case) - 2021, 187, 178
MMR vaccination: father obtains order for 15 & 11 yr old children to have vaccine against wishes; despite one objecting on vegan grounds, Article 9 rights not considered (case) - 2014, 172, 83
Nikah marriage, validity or not of this entails financial outcomes & concerns children's best interests (case) - 2018, 181, 229; on appeal, was classed as non-qualifying ceremony so no financial remedy possible - 2020, 184, 102
parental duty of care owed to - 1974, 42, 42
parents (with mental health issues) opposed to baby's dialysis for religious reasons; court rules for treatment - 2019, 182, 88
patient autonomy & 'Gillick competent' children - 1999, 140/141, 22
priest abusing non-Catholic boy, Archdiocese was vicariously liable - 2010, 165, 230
separated Jews want 'Beth Din' to arbitrate over children's welfare: court allows outcome whilst retaining power of binding endorsement (case) - 2013, 170, 105; 2019, 183, 225
sex abuse case, judge can allow action to proceed even though time barred (case) - 2011, 166, 94
Special Educational Needs: statements, LEA obligations & parental rights - 1995, 124/125, 58
surrogacy cases, best interests of child paramount over public policy - 2016, 176, 6
terminally ill 14 year old wanting cryonic preservation after death; child can't make a will but court can stop father's veto by appointing mother as sole estate administrator (case) - 2017, 178, 147
transplant for their child?, can parents refuse a - 1997, 134/135, 52
twins in care: mother prohibited from naming them inappropriately - 2016, 177, 210
adoption
adoption agencies (Catholic) & equality legislation: response of the agencies - 2008, 161, 98
adoption charity (Catholic Care) not allowed to change objects clause in Memorandum of Association to refuse adoption to same-sex couples (case) - 2009, 163, 176; changing charity's objects remitted to Charity Commission to decide - 2010, 164, 93; not allowed to amend it's charitable objects to only serve heterosexual couples - 2010, 165, 214; Equality Act 2010 means objects can't be changed - 2011, 167, 103; appeal to discriminate dismissed - 2013, 170, 112; 2014, 173, 113
adoption agency (Catholic) failed in appeal to amend objects to exclude same-sex couples partly due to dissenting Catholics who would continue to donate - 2016, 176, 18
consent to, difficulty of withdrawing - 1972, 36, 114
Equality Act (Sexual Orientation) Regulations, homosexuality as an identity & legal right (regarding adoption) - 2007, 159, 114
Jehovah's Witnesses, allowed to adopt - 1996, 128/129, 53
late adopted children, risk of criminality - 2006, 157, 4
parental consent - 1973, 40, 103; 1973, 40, 114; 1978, 56/57, 13
provisions under Children Act 1975 - 1978, 56/57, 7
religious upbringing - 1973, 40, 103
Roma parent's concern that their boys will be adopted by homosexuals outweighed by English law / standards (case) - 2014, 173, 225
age
at which criminally responsible - 1990, 106/107, 14
of majority under the Family Law Reform Act 1969 - 1970, 26, 20
underage sexual intercourse & marriage, English & Turkish law on - 1996, 128/129, 41
care and custody
care orders - 1978, 56/57, 13
custodianship orders under Children Act 1975 - 1978, 56/57, 7
judicial promise not to reveal contents of interview - 1976, 50, 32
mother only able to share custody of child if makes break with harmful 'Universal Medicine' cult (case) - 2020, 184, 118
religious upbringing, how persuasive in custody decisions - 1969, 23, 88
religious upbringing, relevance in proceedings - 1990, 104/105, 5
rights of non-parents -1986, 88/89, 40
social services removing children unjustly - 2001, 146, 57
under 1969 Children and Young Persons Act - 1969, 24, 120
illegitimacy
affiliation - 1978, 56/57, 40
Convention on the Legal Status of Children Born Out of Wedlock - 1978, 56/57, 40
parental rights and authority -1978, 56/57, 40
parental rights of mother only vested in local authority - 1976, 50, 33
removal of legal effects of term, Family Law Reform Act 1987 - 1989, 100/101, 20
wardship
order for sterilisation of ward - 1987, 94/95, 78
sterilisation - 1976, 51, 78
sterilisation, welfare of the ward paramount - 1987, 94/95, 123
unborn child, wardship not available for an - 1990, 104/105, 83
Belgium
justified to conclude that Islamic 'Kafala' is not equivalent to adoption in Belgian law (ECHR) - 2015, 174, 131
Germany
children removed from parents in religious community that caned them; decision upheld as Article 3 violated but some compensation for length of proceedings (ECHR) - 2018, 180, 146
Greece
birth record indicated baby not Christened, Article 9 violated as shouldn't be obliged to manifest beliefs; damages awarded (ECHR) - 2020, 185, 205
Lithuania
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219
Northern Ireland
Northern Ireland wrong to fail to comply with House of Lords judgment to not discriminate against the unmarried in adoption cases (case) - 2013, 170, 133; appeal dismissed - 2013, 171, 118
Russia
child made to attend Orthodox rite in classroom did not have rights violated but school could have managed it better (ECHR) - 2021, 186, 73
Scotland
age of consent and parental approval - 1969, 25, 178
Catholic adoption agency failed charity test due to 'preferred criteria' disadvantaging same-sex and non-Catholic applicants (case) - 2013, 170, 142; appeal ruled the religious character of the agency should have engaged Article 9 and benefits weighed against disbenefits - 2014, 172, 99
Catholic adoption charity allowed indirect discrimination against same-sex couples due to charity's objects, proportionality & religious exemptions - 2016, 176, 18
cremation ashes of babies and non viable fetuses, report & recommendations on handling - 2014, 173, 145
'named person' provision for every child under Children & Young People (Scotland) Act 2014 ruled as not interfering with rights (case) - 2015, 174, 148
'named person' provision ruled ultra vires due to information sharing not being in accordance with law (case) - 2016, 177, 212
United States of America
capital punishment of juveniles - 2006, 156, 24

Published by:

The Edmund Plowden Trust