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Assessment matters

08 December 2017 / David Burrows
Issue: 7773 / Categories: Features , Child law , Family
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David Burrows presents a master class in child understanding & capacity

  • Assessment of a child’s understanding is complementary to law in relation to understanding under Mental Capacity Act 2005.
  • Gillick remains the basis for assessment of understanding.
  • Understanding is issue-specific: it must be tested according to the issue in hand and with all age-appropriate information available.

In Re S (Child as Parent: Adoption: Consent) [2017] EWHC 2729 (Fam) Cobb J sets out the legal framework for professional assessment of understanding of the process and effect of adoption for a mother, S, who is ‘under 16 years of age’. She suffers from ‘developmental delay and learning difficulties’ ([2]). She has not seen her child T whom she wants adopted. ‘Child’ is defined as a person not yet 18 (Children Act 1989 (CA 1989), s 105(1)), though this article is concerned mostly with a child of under 16.

The case is of significance more widely than to capacity and adoption. It reviews the question of understanding and Gillick -competence in children proceedings generally, though the process described would apply equally for any parent

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