Most parents’ rights and obligations about their children are referred to as parental duty. In instances where there are conflicts regarding the child’s best interests, this brief offers guidance on who has the parental responsibility order in Scotland and where accountability resides.
Parental responsibility involves the ability to consent to medical treatment on behalf of a child and the sharing of information about the child held by healthcare providers.
These rights exist so that those who have parental responsibility can fulfill their duty of care to their children. This is a dynamic process, and as the child gains the ability to make more independent decisions, the parents’ authority to act on his behalf lessens.
If the child can give permission, they have the right to be consulted and make decisions concerning their care on their own. Because capacity is decision-based, a kid may be competent to make decisions about some parts of his care but not others. In Scotland, parental decision-making authority ends when a child reaches the age of sixteen; nevertheless, parents have a legal obligation to provide “guidance” until the kid reaches the age of eighteen.
In Scotland, the subject of overriding a competent child or young person’s refusal of treatment has yet to be tested in the courts.
Who Is In Charge Of The Children?
This aspect of the law has just been updated. Parental responsibility for children born in Scotland after 4 May 2006 remains with both parents, regardless of whether they are married or not, if they are stated on the birth certificate. If the child’s birth were registered before these dates, the father would only have parental responsibility if he was married to the mother. Otherwise, he could get parental responsibility through a Parental Responsibility Agreement with the mother or a court-ordered Parental Responsibility Order.
The right to resist and consent to treatment is part of parental responsibility. It does not obligate the doctor to follow the parents’ desires if he considers they are not in the kid’s best interests. If the issue cannot be settled by dialogue and mutual agreement, the courts may be called upon to intervene. While you wait for this, only administer emergency care necessary to save a life or prevent severe deterioration.
Suppose there is a disagreement; attempt to find an agreement while avoiding getting involved in arguments unrelated to the child’s therapy. While only one parent’s consent is required by law, it is good to consider both parents’ perspectives if there is a disagreement. If no agreement can be reached, the doctor must use his professional judgment to determine the child’s best interests.
In most cases, only one person’s consent is required for therapy to be legal. It means that consent from one parent or another person with parental duty is sufficient if the minor is competent to consent; if not, consent from one parent or another person with parental responsibility is sufficient. In Scotland, any individual exercising parental rights or obligations has a legal obligation to consider the views of any other person with the same rights and responsibilities, to the extent practical.