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 who
