Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great...

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Dr Imogen Goold (University of Oxford, Oxford) Jonathan Herring (University of Oxford, UK)

Parental Rights, Best Interests and Significant Harms

Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard

Dr Imogen Goold (University of Oxford, Oxford), Jonathan Herring (University of Oxford, UK), Cressida Auckland (London School of Economics and Political Science, UK)

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English

Hart Publishing
28 November 2019

Family law: children; Medical & healthcare law

This timely collection brings together philosophical, legal

and sociological perspectives on the crucial question of who should make decisions about the fate of a child suffering from a serious illness. In particular, the collection looks at whether the current ‘best interests’ threshold is the appropriate boundary for legal intervention, or whether it would be more appropriate to adopt the ‘risk of significant harm’ approach proposed in Gard. It explores the roles of parents, doctors and the courts in making decisions on behalf of children, actively drawing on perspectives from the clinic as well as academia and practice. In doing so, it teases out the potential risks of inappropriate state intrusion in parental decision-making, and considers how we might address them.

Edited by: Dr Imogen Goold (University of Oxford Oxford), Jonathan Herring (University of Oxford, UK), Cressida Auckland (London School of Economics and Political Science, UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 542g
ISBN: 9781509924899
ISBN 10: 1509924892
Pages: 256
Publication Date: 28 November 2019
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Imogen Goold, Cressida Auckland and Jonathan Herring 1. Setting the Scene – Supporting and Informing Shared Decision-Making at the Bedside: Avoiding and De-escalating Conflict between Clinicians and Families Emily Harrop 2. Evaluating ‘Best Interests’ as a Threshold for Judicial Intervention in Medical Decision-Making on Behalf of Children Imogen Goold 3. Parental Decisions and Court Jurisdiction: Best Interests or Significant Harm? Rachel Taylor 4. The Legal Basis of the Court’s Jurisdiction to Authorise Medical Treatment of Children Rob George 5. In Defence of a Conditional Harm Threshold Test for Paediatric Decision-Making Dominic Wilkinson 6. The Harm Threshold: A View from the Clinic Giles Birchley 7. Beyond Best Interests: A Question of Professional Conscience? Jo Bridgeman 8. Preserving the Therapeutic Alliance: Court Intervention and Experimental Treatment Requests Sara Fovargue 9. Futility Cressida Auckland 10. Vulnerability and Medical Decisions Concerning Children Jonathan Herring 11. Resolving Disagreements about the Care of Critically Ill Children: Evaluating Existing Processes and Setting the Research Agenda Louise Austin and Richard Huxtable

Imogen Goold is Associate Professor and Jonathan Herring is Professor at the Faculty of Law, University of Oxford. Cressida Auckland is Assistant Professor in the Department of Law at London School of Economics and Political Science.

Reviews for Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street Hospital v Gard

In this important collection, the editors bring together a range of perspectives, including clinical, legal and philosophical, with a view to informing the debate as to whether the law should change. Crucially, it is a book that has a real chance of informing that debate because of the way in which the editors have approached their task. -- Alex Ruck Keene, 39 Essex Chambers * Mental Capacity Law and Policy Blog *