Doctors’ responsibilities in child protection cases
June 2004
Further reading
British Medical Association. Medical ethics today: the BMA’s handbook of ethics and law. London: BMA, 2004.
British Medical Association. Consent, rights and choices in health care for children and young people. London: BMJ Books, 2001.
British Medical Association. Confidentiality and disclosure of health information. London: BMA, 1999.
British Medical Association, General Medical Services Committee, Health Education Authority, et al. Confidentiality and people under 16. London: BMA, no date.
Department of Health. Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children. Norwich: TSO, 1999.
Department of Health and Home Department. The Victoria Climbié inquiry. Norwich: TSO, 2003
Department of Health. What to do if you’re worried a child is being abused. London: DoH, 2003.
Department of Health and Home Department. The Victoria Climbié inquiry. Norwich: TSO, 2003.
References
1. General Medical Council. Confidentiality: protecting and providing information. London: GMC, 2000. para 39.
2. Department of Health and Home Department. The Victoria Climbié inquiry. Norwich: TSO, 2003
3. Department of Health. What to do if you’re worried a child is being abused. London: DoH, 2003.
4. Department of Health, British Medical Association, Conference of Medical Royal Colleges. Child protection: medical responsibilities.
5. Department of Health, Department for Education and Employment and the Home Office. Framework for the assessment of children. London: TSO, 2000. www.doh.gov.uk/qualityprotects/work_pro/project_3.htm.
6. Department of Health, Department for Education and Employment and the Home Office. Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children. London: TSO, 1999. Download as a pdf at http://www.doh.gov.uk/assetRoot/04/01/43/83/04014383.pdf.
7. British Medical Association. Parental responsibility – guidance from the ethics department. London: BMA, 2004.
8. Department of Health. Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children. Norwich: TSO, 1999: 5-6.
9. For further information on the impact of the Human Rights Act 1998 on decision-making in health care see, British Medical Association. ‘The impact of the Human Rights Act 1998 on medical decision making. London: BMA, 2000.
10. British Medical Association. Consent, rights and choices in health care for children and young people. London: BMJ Books, 2001. 14.
11. See, Every child matters. Norwich: TSO, 2003.
12. For further information on confidentiality and children see: British Medical Association, Royal College of General Practitioners, Brook Advisory Centres et al. ‘Confidentiality and people under 16.’ London; BMA et al. Undated.
13. For a more detailed discussion, see: British Medical Association. Consent, rights and choices in health care for children and young people. London: BMJ Books, 2001.
14. Children Act 1989, s47 (10).
15. British Medical Association. Access to health records by patients . London: BMA, 2000.
16. Department of Health and Home Department. The Victoria Climbié inquiry. Norwich: TSO, 2003.
17. Royal College of Paediatrics and Child Health, The Association of Police Surgeons. Guidance on paediatric forensic examinations in relation to possible child sexual abuse. London: RCPCG, APS, 2002. Download as a pdf at www.rcpch.ac.uk/publications/recent_publications/Child_sex_abuse.pdf.
18. The courts have stated that a decision whether a child should be interviewed is an aspect of parental responsibility and that therefore consent is needed. Re F (Minors) (Specific Issue: Child Interview), sub nom Re F (Minors) (Solicitors Interviews) [1995] 1 FLR 819, [1995] 2 FCR 200 , CA. Re M (Minors: Interview), sub nom Re M (Minors) (Solicitors Interviews); Re M (Care: Leave to Interview Child) [1995] 1 FLR 825, [1995] 2 FCR 643, [1995] Fam Law 404.
19. Re CS (Expert Witnesses) [1996] 2 FLR 115.
20. Re CS (Expert Witnesses) [1996] 2 FLR 115 at 119.
21. D v D (County Court Jurisdiction: Injunctions) [1993] 2 FLR 802, [1994] Fam Law 8.
22. Children (Northern Ireland) Order 1995. Children (Scotland) Act 1995.
23. Family Proceedings Rules (SI 1991/1247).
24. Family Proceedings Rules (SI 1991/1247).
25. Children Act 1989 s43 and 44. The Children (Northern Ireland) Order 1995 art 62 and 63.
26. 11 Children Act 1989 s38(6). The Children (Northern Ireland) Order 1995 art 57(6). Children (Scotland) Act 1995 s90.
27. 11 Children Act 1989 s38(6). The Children (Northern Ireland) Order 1995 art 57(6). Children (Scotland) Act 1995 s90.
28. Royal College of Physicians. Physical signs of sexual abuse in children. London: RCP, 1997. See also Black, D, Harris-Hendricks J, Wolkind S. Child psychiatry and the law, 3rd edition. London: Gaskell, 1998: chapters 3 and 4. British Medical Association. Medical ethics today: the BMA’s handbook of ethics and law. London: BMA, 2004. 576.
29. Children Act Advisory Committee. 1994/5 Report of the Children Act Advisory Committee. London: Lord Chancellor’s Department, 1996. 25-26