Professional Duties, Public Responsibilities, and State Intervention into Family Life

This concluding chapter considers arguments made for reform of the law governing children’s medical treatment. It first considers the alternatives to the best interests analysis of reasonableness and significant harm, and why they have been rejected by the courts. It then considers proposals for legislative reform of the law. It argues that it is not, as has been argued in recent cases, a new threshold for intervention in the decisions of parents that is required. What is required is an appreciation of the balance of responsibilities in the legal framework for the provision of medical treatment to children. Alongside parental responsibilities, it is necessary to recognise professional duties and public responsibilities for the care and welfare of children.