Parental consent for restraint and treatment of child lacking Gillick competence

An NHS Trust v Mother and Others [2024] EWHC 2207 (Fam)

Treating young people who are suffering from mental illness is a complex matter and the situation can become more difficult when a young person has anorexia. When the parents are in agreement with clinicians, it is not always clear whether an application to the court is necessary as there are a number of factors to be taken into account, such as the relationship between the common law principles and the Code of Guidance under the Mental Health Act 1983. The case outlined below highlights an apparent tension between, on the one hand, the common law authorities on consent to treatment and restrictions for children, and on the other the Code of Practice.