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Margaret Brazier and Emma Cave

paternity. Lord Reid described the parental power to authorise such a test in this way: Surely a reasonable parent would have some regard for the general public interest and would not refuse a blood test unless he thought that would clearly be against the interests of the child. [our italics] Arguably where any risk to the child is minimal, parents may authorise any procedure which is not perceived as against the interests of the child. However, the UK Clinical Trials Regulations 2004, which, at the time of writing, will cover most research projects on healthy

in Medicine, patients and the law (sixth edition)
Margaret Brazier and Emma Cave

nervosa and had had a tragic childhood. The local authority sought guidance whether W could, if it proved necessary, be moved to a specialist unit and force-fed. As W was 16, she was empowered to consent to treatment by virtue of section 8 of the Family Law Reform Act 1969. The Court of Appeal ruled that section 8 on its wording solely empowered a minor over 16 to give an ‘effective consent’ to treatment. Section 8(3) 161 preserved the concurrent parental power to authorise treatment and the inherent powers of the courts to act to protect a minor’s welfare. Lord

in Medicine, patients and the law (sixth edition)