Many parents want the best for their children, but sometimes our views on what “the best” looks like do not align.

Disagreements about medical treatment, whether regarding vaccinations, surgery, or ongoing care, can occur from differing beliefs, varying perceptions of risks, or mistrust of medical professionals along with an endless list of other reasons.

If you and your co-parent, whether married or not, face such decisions, it is important to understand how English law addresses these situations and how to resolve disputes to prioritise your child’s wellbeing.

Parental responsibility and medical decisions

In England, most decisions about a child’s medical treatment are made by the individuals who hold parental responsibility (as long as they have the capacity).

Children under the age of 16 can be considered “Gillick competent,” meaning if they have enough intelligence, competence and an understanding of the treatment they require, they are able to consent themselves.

This principle can apply to more serious medical interventions, allowing healthcare professionals to respect the decisions of Gillick competent children, even if those decisions differ from what their parents want.

If your child is aged 16 or over, they are entitled to make their own decisions regarding their healthcare unless exceptional circumstances overrule this.

What happens when parents disagree about their child’s medical treatment?

By law, healthcare professionals only require one person with parental responsibility to give consent in order for them to provide treatment.

If you and your child’s other parent cannot agree on medical treatment, it is important not to panic.

Disputes are more common than you might think, and there are processes in place to help resolve them.

The first thing you will want to do is try to sit down and discuss the situation calmly. Sometimes open communication is all that is necessary to settle a dispute.

If you feel like you cannot come to a decision peacefully, you can involve a mediator as an impartial party.

This can be particularly useful if the disagreement stems from emotional concerns rather than strictly medical ones.

While mediation can be a constructive first step, it is not always suitable in every case.

If a child’s health is at immediate risk, or if one parent refuses to engage, it may be necessary to take the matter further.

When disagreements occur due to doubts or fears about the treatment, seeking a second medical opinion can provide reassurance and clarity.

When can the courts get involved?

If mediation has failed or is not appropriate, it may be necessary to ask the family courts to step in.

Either parent can apply for a Specific Issue Order where the court will decide the best course of action based on the following factors:

• The medical advice provided by medical professionals.
• The child’s emotional, physical, and psychological needs.
• The potential risks and benefits of the proposed treatment.
• The views of both parents and, if appropriate, the child’s own wishes (depending on their age and maturity).

The courts can also get involved in life-threatening situations.

If a doctor believes that the decisions made by either parent will lead to the death of the child or a severe permanent injury, they can apply to the courts for the decision to be overruled.

However, in this scenario, the practitioners must be able to demonstrate to the court that the risk of the child not undergoing treatment is greater than the child receiving the recommended treatment.

Emergency medical situations

If there is a medical emergency where treatment is immediately required to save a child’s life or prevent serious harm, medical professionals are legally allowed to proceed without parental consent if it is impossible to obtain it in time.

It can be reassuring to know that in urgent situations, doctors will act swiftly to protect your child, even if disagreements exist.

How Ansons Solicitors can help

At Ansons Solicitors, we offer a compassionate, understanding approach to guide you through the legal process while keeping your child’s best interests as our priority.

If you’re struggling to resolve a disagreement about your child’s treatment, or if you need help applying for a Specific Issue Order, we are here to support you every step of the way.

Please contact our Family Law Solicitors for more information.

We have offices in Sutton Coldfield, Lichfield, Cannock and Dudley.