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This article provides a partial defence of the Court of Appeal's controversial view in Re R and Re W that there can be concurrent powers to give effective consent to medical treatment in parent and child, and suggests how those cases might be distinguished in a future case. The defence is based on emphasising the distinction between a refusal to consent and a refusal of treatment. The article argues that this distinction explains why in some cases a parent can have the power to consent, even where the child has refused to consent. The article also considers ethical arguments in support of this approach.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...