Parental Responsibility, Young Children and Healthcare Law

Jo Bridgeman0521863120, 9780521863124, 9780511286193

This book provides a comprehensive examination of the legal regulation of the provision of healthcare to young children in England and Wales. A critical analysis is given on the law governing the provision of healthcare to young and dependent children identifying an understanding of the child as vulnerable and in need of protection, including from his or her own parents. The argument is made for a conceptual framework of relational responsibilities which would ensure that consideration is given to the needs of the child as an individual, to the experiences of parents gained as they care for their child and that the wider context, such as attitudes towards disability, public health issues or the support and resources available, is examined. This book makes an important contribution to understanding the law regulating the provision of healthcare to young and dependent children and to the development of a discourse of responsibility.

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Table of contents :
Cover……Page 1
Half-title……Page 3
Title……Page 5
Copyright……Page 6
Dedication……Page 7
CONTENTS……Page 9
ACKNOWLEDGEMENTS……Page 11
TABLE OF CASES……Page 13
Bills……Page 20
Introduction……Page 21
Perspectives on childhood……Page 24
The young child in healthcare law……Page 27
Parents and liberal individualism……Page 30
Personhood……Page 32
The nature and scope of children’s rights……Page 34
Parental rights……Page 43
Responsibility……Page 45
Parents: mothers and fathers……Page 57
Taking responsibility: parents, young children and healthcare law……Page 60
Introduction: children’s healthcare services……Page 66
The health of children in England and Wales……Page 67
Paediatric cardiac services at the Bristol Royal Infirmary……Page 71
Improving the quality of healthcare services……Page 74
Improving the quality of children’s healthcare services……Page 75
Parents and professionals: partnership and tensions……Page 79
Victoria Climbié, the Laming Inquiry and Every Child Matters……Page 82
Integrated children’s services……Page 84
The National Service Framework for Children, Young People and Maternity Services……Page 86
Health promotion……Page 87
Provision of services which are focused upon the child, young person and family……Page 88
Acute illnesses and hospital care……Page 89
Children with disabilities and complex needs……Page 90
Other standards……Page 91
Challenging resource allocation decisions……Page 93
Conclusion……Page 99
What is a parent and what does being a parent involve?……Page 101
Minimum standards of parenting……Page 104
Criminal law……Page 105
Negligence……Page 115
Trespass to the person……Page 118
The welfare or best interests principle……Page 120
Public health, private harm?……Page 128
Parental disagreement……Page 131
Circumcision: in the best interests of the child?……Page 137
Taking responsibility: parents and professionals……Page 140
Introduction……Page 143
The child as an individual……Page 146
The child situated within caring relationships……Page 153
The meaning of caring for a child……Page 157
Parental beliefs and values……Page 162
Religious beliefs……Page 163
Parental values……Page 169
Supporting parents……Page 173
Inadequacies of the current legal framework……Page 175
Introduction……Page 178
The story of one child: David Glass……Page 184
The responsibility of deciding about life-prolonging treatment……Page 190
Best interests: intolerable life?……Page 193
Sanctity and quality of life……Page 195
Caring: a shared endeavour?……Page 201
Parents and professionals: tensions and dependency……Page 206
Sharing the responsibility, referring to court……Page 208
Responsibility of the court……Page 210
The care of severely disabled children……Page 213
Introduction……Page 216
Caring for children: the cost of wrongful conception/birth……Page 218
Making amends……Page 224
Caring for children with disabilities……Page 228
The child as a person……Page 231
For whom they are responsible……Page 232
Parental dependency upon professionals……Page 233
Taking responsibility……Page 234
Relationship of care?……Page 237
Relationships of dependency?……Page 242
Obligations, responsibilities and caring……Page 246
Introduction……Page 248
Child-centred healthcare law……Page 249
Ethic of care adjudication……Page 251
Legal responsibilities……Page 253
BIBLIOGRAPHY……Page 263
Websites……Page 275
INDEX……Page 276