Law in England balances status of children as citizens with their dependant status.
so long as force not excessive: Children’s Act 1989. Right does not extend to those who have temporary de facto responsible (R v Woods 1921 JP). Teachers can discipline - but is limited by statute (R Dupperon 1985 WWR).
Education Act of 1944
parents/guardians have duty to provide suitable full time education.
Family Reform Act 1969: child above age of 16 must give consent. Gillick v West Norfolk and Wisbech Area Health Authority 1985 ALL ER HL: contraceptive advice. Children Act 1989: children may refuse to submit to certain kinds of treatment.
Removal of child from family:
interests of child considered primary. Parents still consulted: R v Norfolk County Council ex parte M 1989 ALL ER; R v Harrow LBC, ex parte D 1990 All ER.
Rights of parents:
No power to obtain judicial review of decision to remove child; no right to claim damages for wrongful interference: F v Wirral MBC 1991 All ER.
| Return to Topic Menu | Return to Main Menu |