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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.
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.
Imogen Goold, Cressida Auckland and Jonathan Herring1. Setting the Scene – Supporting and Informing Shared Decision-Making at the Bedside: Avoiding and De-escalating Conflict between Clinicians and Families Emily Harrop2. Evaluating ‘Best Interests’ as a Threshold for Judicial Intervention in Medical Decision-Making on Behalf of Children Imogen Goold3. Parental Decisions and Court Jurisdiction: Best Interests or Significant Harm? Rachel Taylor4. The Legal Basis of the Court’s Jurisdiction to Authorise Medical Treatment of Children Rob George5. In Defence of a Conditional Harm Threshold Test for Paediatric Decision-Making Dominic Wilkinson6. The Harm Threshold: A View from the Clinic Giles Birchley7. Beyond Best Interests: A Question of Professional Conscience? Jo Bridgeman8. Preserving the Therapeutic Alliance: Court Intervention and Experimental Treatment Requests Sara Fovargue9. Futility Cressida Auckland10. Vulnerability and Medical Decisions Concerning Children Jonathan Herring11. Resolving Disagreements about the Care of Critically Ill Children: Evaluating Existing Processes and Setting the Research Agenda Louise Austin and Richard Huxtable
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.
Imogen Goold, Jonathan Herring, Cressida Auckland, Oxford) Goold, Dr Imogen (University of Oxford, UK) Herring, Jonathan (University of Oxford, UK) Auckland, Cressida (London School of Economics and Political Science