Jurisdiction(s):
United Kingdom

Gillick-competent child’s wishes v welfare: Ghana placement, s37 Children Act 1989 bridge, and limits on inherent jurisdiction and interim public law orders (England and Wales)

Published on: 06 March 2025

Published by a LexisNexis Family expert

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Article summary

S (through his litigation friend, James Alexander Netto) v F and another [2025] EWHC 439 (Fam) What are the practical implications of this case?

This ruling is significant for private law practitioners confronting the difficult issue of how a court should, and will, approach the clearly expressed views of a Gillick-competent child (per Gillick v West Norfolk and Wisbech Area Health Authority [1986] 1 FLR 224). The court stressed the need not to merge ‘wishes’ with ‘feelings’, observing that a child’s feelings can be ‘most eloquently articulated by what they do not say’ (para [27(viii)]). A child’s wishes attract substantial, but not conclusive, weight; the ultimate best interests determination is made by evaluating the child’s welfare in the round. The judgment is also instructive when using the jurisdictional bridge between private and public law available under section 37 of the Children Act 1989 (ChA 1989), and when considering the narrow jurisdiction to make interim care or supervision orders pursuant to ChA 1989, s 38...

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