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The purpose of this paper is to demonstrate that the common and statutory law governing children's capacity or competence to consent to and to refuse medical treatment is unsatisfactory and to suggest solutions.

Critical legal analysis of the law on assessing minors’ decision-making capacity in relation to legal recognition of their consent to and refusal of medical treatment.

Without legal mechanisms which protect both children and their rights, all children and young people are effectively disabled from exercising age and capacity-related autonomy and participation in decisions affecting their lives. Yet in English law, inconsistencies between legal and clinical measures of decision-making capacity, situations where compulsory medical or mental health treatment is lawful, and tensions between rights and duties associated with human rights, autonomy, best interests and protections for the vulnerable create difficulties for clinicians, lawyers and patients.

As the paper acknowledges in its recommendations, the views of stakeholders are needed to enrich and inform legal reforms in this area.

The paper makes suggestions to amend the law and clinical practice which are original and far reaching. The paper suggests that in order to observe children's rights while protecting them appropriately, the Mental Capacity Act 2005 and Deprivations of Liberty Safeguards should be applied to minors. The paper recommends the establishment of Mental Capacity Tribunals, similar in nature and purpose to Mental Health Tribunals, to provide legal safeguards and mechanisms to foster the supported decision-making envisaged in recent United Nations Conventions.

The purpose in writing this paper is to highlight the lack of knowledge of many who are involved in capacity assessments, especially non‐professionals such as carers of the learning disabled, and the view that current guidance for capacity assessments does not take into account issues of emotionality.

The approach is to discuss current guidance and practice, and to offer academic criticism and explanation.

The findings include the discovery that the Mental Capacity Act 2005 Code of Practice suggests that healthcare professionals and family/carers may undertake assessments of decision‐making capacity, yet the guidance it provides for their doing so overlooks salient issues. Many of those involved in the daily lives of those, who may lack decision‐making capacity (and thus be seen as legally incompetent) such as the learning disabled, demented, mentally ill and neurodiverse, must decide whether to respect their decisions as competent, or to disregard the decisions on the grounds of incompetence and to act in the person's best interests. As many will lack training in their clinical and legal responsibilities and liabilities, it is crucial that they, and those they care for, are protected by not only an increased knowledge of mental capacity legislation and practice, but also how it may apply to questions of emotionality and neurodiversity.

This paper expands and builds on the authors' previous research into including emotionality in assessments of capacity, and will be of use to practitioners in the field of learning disability, and other psychiatric specialities.

Much of the discussion of capacity to consent has focused on how capacity can be assessed. However, in focusing on the assessment of capacity of people with learning disabilities, information from studies of human judgement and decision‐making in the general population has been ignored. This paper reviews the main factors that affect an individual's capacity to consent and examines the integration of research into these factors in the general population with that of people with learning disabilities. A person's capacity to consent is considered to be affected by three main processes: comprehension (ability to understand and retain information), decision‐making (ability to weigh up information and reach a decision) and communication (ability to communicate the decision made). The difficulties people with learning disabilities may have in these processes are discussed, and possible ways of overcoming these limitations are suggested.

This study replicated an earlier study conducted in the USA and examined Israeli families’ decision making regarding various products and decision‐making stages. The results revealed that teenage children have influence over family purchases, particularly for products relevant to them (like cereal and vacations) and during the initiation stage. Moreover, consistent with the ranking of Israel as a low power‐distance country, Israeli teens had higher influence than US teens on family decisions.

Focus of previous research into family purchasing decisions has centred on the husband and wife. Children's influences on family decision making have increased in recent decades. The purpose of this paper is to investigate children's influences on Chinese family decision making in Hong Kong.

The study is based on a survey of 366 family members in Hong Kong.

Children are found to have more influence in the choice‐making stage of decision making and parents still control the final decision, which is consistent with previous research findings.

Parents and their children usually engage jointly in family decision making. Marketers should address the needs of both parties and work to help to resolve any conflict that may arise.

The study is framed within resources theory to examine children's influence in two decision stages of family decision making.

This article addresses the difficult matter of interpreting the best interest principle, and offers advice for those who must make laws, and those who make decisions within the constraints of those laws. Our approach rests on an assumption that conclusions about best interest are best reached through a reasoned deliberative process. We suggest that legislators should not write substantive assumptions about what is best for every child into their laws; rather, they should indicate a non‐exhaustive list of key relevant considerations that decision‐makers can review and evaluate in each and every case. Further, the child's own perspective should be imperative in all deliberations about best interest, and a distinction must be made between objective fact and what is invoked as a substantive and contestable assumption. The article supplies a benchmark against which we may review and judge the actual efforts of legislators and decision‐makers to determine what is best for any child.

This article reports on the evaluation of a pilot project which tested the utility of a framework for the Assessment of Vulnerable Children and their Families in five health board (local authority) areas in the Republic of Ireland. The framework had been developed following a consultancy process with practitioners and managers from a number of disciplines. The evaluation sought to establish whether (1) use of the framework helped to standardise practice across a range of organisational environments, (2) the framework was effective in a range of family situations and circumstances, (3) the process of assessment was transparent, (4) the framework advanced collaboration between disciplines and (5) the materials were user‐friendly. The methods used for evaluation were: semi‐structured interviews, a review of case records, a postal survey of practitioners, an action learning set and consultation with an expert group. Findings indicated that the framework was largely successful in its aims, with weaknesses demonstrated principally in two areas, namely inadequate use of evidence for decision‐making and deficiencies in documented information about children.

The purpose of this study was to explore 232 service providers’ and policymakers’ experiences of supporting children’s well-being during the pandemic, across sectors, in 22 countries – including Kenya, the Philippines, South Africa, India, Scotland, Sweden, Canada and the USA, in the last quarter of 2020.

A smartphone survey delivered via a custom-built app containing mostly open-ended questions was used. Respondents were recruited via professional networks, newsletters and social media. Qualitative content analysis was used.

The findings reveal numerous system-level challenges to supporting children’s well-being, particularly virus containment measures, resource deficiencies and inadequate governance and stakeholder coordination. Those challenges compounded preexisting inequalities and poorly affected the quality, effectiveness and reach of services. As a result, children’s rights to an adequate standard of living; protection from violence; education; play; and right to be heard were impinged upon. Concurrently, the findings illustrate a range of adaptive and innovative practices in humanitarian and subsistence support; child protection; capacity-building; advocacy; digitalisation; and psychosocial and educational support. Respondents identified several priority areas – increasing service capacity and equity; expanding technology use; mobilising cross-sectoral partnerships; involving children in decision-making; and ensuring more effective child protection mechanisms.

This study seeks to inform resilience-enabling policies and practices that foster equity, child and community empowerment and organisational resilience and innovation, particularly in anticipation of future crises.

Using a novel approach to gather in-the-moment insights remotely, this study offers a unique international and multi-sectoral perspective, particularly from low- and middle-income countries.

The purpose of this paper is to use an inclusive lens to explore pathways and considers, through the voices of children and adult participants, the complexities in implementing effective disaster risk reduction (DRR) in schools comprising children with disabilities. It identifies obstacles and suggests policy recommendations that consider their needs in DRR.

This paper draws on a case study of two schools supporting children with disabilities in the New Zealand regions of Hawke’s Bay and Auckland, each with differing experiences of past natural hazards and disasters. Data from children’s workshop activities, participant observation, semi-structured interviews, workshop photographs, school safety and policy documents were coded in Nvivo software to categorize data and to identify themes for cross-case analysis and discussion.

The research reveals three key pathways that schools can take in promoting inclusiveness in DRR. They are the provision of safe and accessible school building designs and facilities, avenues for children’s involvement and leadership in DRR initiatives, and in decision-making processes. Schools also offer opportunities for a collaborative effort towards inclusiveness in DRR within the school and with other stakeholders.

Based on the findings, the paper suggests four broad policy recommendations for consideration towards strengthening the role of schools in disability-inclusive DRR.

The paper contributes to ongoing DRR efforts and adds new information to the disaster literature on the role of schools in disability-inclusive DRR.

Children have been recognized as an important user group for information and communication technology (ICT) and methods for involving them in ICT design have already been devised. However, there is a lack of research on children’s genuine or authentic participation in ICT design as well as a lack of critical research scrutinizing how “children” and “their participation” actually end up constructed in ICT design. The paper aims to discuss these issues.

An intervention involving children in ICT design following the research strategy of nexus analysis was implemented. A qualitative data archive of this intervention is examined through a Foucauldian lens.

The study reveals that numerous discourses were relied on when talking about “children” and “their participation” in the case project: the discourses of participation, equality, domination, segregation, rebellion, and patronization were identified. Moreover, “children” were constructed as equal partners and influential, but also as ignorant, ignored, silent, and silencing each other. Some of the findings are in line with the existing ICT literature on the matter, others even with the literature on genuine participation of children. However, children and their participation were also constructed as “problematic” in many senses.

The study contributes to and opens up avenues for critical research on genuine participation of users, especially children.

Practical suggestions for researchers interested in participation of children in ICT design are provided.

While research literature offers an abundance of best practices and an idealized view on children and their participation, this study shows the multitude of challenges involved and discourses circulating around.