Parental
responsibility is a legal concept created by the Children Act 1989. It lasts
until a child reaches the age of eighteen, or marries before that age. The
mother of a child always has parental responsibility for her child. The
biological father of a child automatically has parental responsibility for
his child if he is married to the child’s mother, or, if not married to
the mother, he can acquire parental responsibility by agreement with the
mother or by court order. Others can acquire parental responsibility by
court order such as guardianship, or along with a residence order. Local
authorities can also acquire parental responsibility when a child is placed
under a care order by the court. Parental responsibility (and therefore
medical and other decision making) can be shared if held by more than one
person.
As
well as those who have parental responsibility for a child, children
themselves, if over the age of sixteen, can legally give their own consent
for medical treatment, but since parental responsibility for children
continues until the age of eighteen, the organisation considers it best
practice for healers to obtain consent for treatment from those with
parental responsibility for the child as well as the consent of the child.
In
cases of doubt, healer members should consult the organisation since this
area of law is complex and healers should never run the risk of acting
unlawfully.
Healers
are not regarded in law as medical practitioners and certain consequences
flow from this. A person with parental responsibility for a child may be
neglecting their child’s health and welfare (and therefore committing a
criminal offence, and/or giving rise to grounds for inter agency action or
court proceedings for child protection) if they fail to obtain appropriate
medical aid for a child under the age of sixteen. Since healing is not
regarded as medical aid, a doctor should be consulted in addition to the
healer if a child under sixteen is ill. A healer who treats a sick child
under sixteen knowing that no doctor has been consulted may run the risk of
being accused of complicity in a criminal offence as well as possible
liability in civil law if a serious illness is undiagnosed and the child
suffers harm as a result.
Where
it is know that the parents are not providing medical attention for the
child, healers must advise those with parental responsibility for the child
to consult a doctor and also secure the signature of the parent or guardian
on the following statement:
“I
have been advised by (name of healer) that according to law I must
consult a doctor concerning the health of my child (name of child).
Signed
(Parent or Guardian) …………………………. Date ………………………..
Signature
of Witness ………………………………… Date ………………………..”
This
statement forms the Children’s Consent form2 and should be kept
with the healing records.
The
Children Act 1989 makes provision for the protection of children who are
suffering or at risk of suffering significant harm. The term ‘harm’
includes ill treatment or impairment of their health or impairment of their
physical, intellectual, emotional, social or behavioural development. Causes
of harm to children can be many and varied, including emotional or physical
neglect, and direct physical or sexual abuse.
If
a healer suspects that a child brought for treatment is suffering harm, or
is at risk of harm, the healer’s concern should be reported to the
child’s doctor, or to the duty officer of the social services department
serving the area in which the child lives. A preliminary investigation will
then take place, followed by further appropriate action if the concern is
proven to be well founded. Healers interested in the working of their local
child protection system may contact their local Area Protection Committee
(the address will be available from the local authority) for details of
local policies and child protection procedures.
For obvious reasons, it is advisable for healers to ensure that when children are brought for treatment, those with parental responsibility for the child are asked to give consent not only for the child’s treatment, but also for the healer to make any appropriate referral to main bodies of other organisations, so that where concerns arise, there is no additional problem of breach of confidentially without consent.
Sexually
Transmitted and Venereal Diseases and Infectious Diseases
Under
the Public Health (Control of Disease) Act 1984, National Health Service
(Venereal Disease) Regulation 1974, and other legislation, healers need to
be aware that there are special legal provisions relating to sexually
transmitted diseases, including HIV infection, which relate to
confidentiality and also to treatment. The situation is complex and legal
advice should be sought if the healer is asked to treat anyone who has a
sexually transmitted or infectious disease, and is in any doubt about the
law. In particular healers should be aware that the circumstances of any
child under sixteen who is suffering from a sexually transmitted disease
might potentially raise child protection issues (see above).
Under
the Venereal Diseases Act 1917, it is illegal to treat for reward, whether
directly or indirectly, syphilis, gonorrhea or soft chancre. Therefore you
may not knowingly give healing to patients suffering from these diseases
unless the service is entirely free.
If
the healer becomes aware that a patient may be suffering from a disease
notifiable to the Department of Health, or an infectious disease, the
patient must not be permitted to come into contact with other people. The
healer must explain the need for medical attention and advise the patient to
go the doctor.
Notifiable
Disease include:
Under
the Public Health (Infectious Diseases) Regulations 1988: Acute
Encephalitis, Acute Poliomyelitis, Anthrax, Diphtheria, Dysentery (Amoebic
or Bacillary), Leprosy, Leptospirosis, Malaria, Measles, Meningitis,
Meningococcal Septicaemia (without Meningitis), Mumps, Ophthalmia Neonatorum, Paratyphoid Fever, Rabies, Rubella, Scarlet Fever, Tetanus,
Tuberculosis, Typhoid Fever, Viral Haemorrhagic Fever, Viral Hepatitis,
Whooping Cough, Yellow Fever.
Dentistry
It
is illegal to practise dentistry without a dentistry qualification.
Midwifery
Except
in cases of sudden necessity, it is an offence for anyone other than a
registered midwife to attend a woman in childbirth without medical
supervision, or for anyone other than a registered nurse to attend, for
reward as nurse, on a woman in childbirth, or during a period of 10 days
thereafter. Distant healing is recommended during this period. The
organisation considers that during pregnancy spiritual healing may be
beneficial to both mother and to the unborn child.
Selling
Remedies, Herbs, Medicines etc.
The
law regarding licensing, prescription and dispensing of medicines, remedies
and herbs is complex. The Medicines Act 1968 requires a licence for
prescription and there is other legislation concerning the sale,
prescription and administration of herbs and remedies.
Healers
must not prescribe or sell remedies, herbs, supplements, oils, etc., unless
they have a separate training and/or qualification, which legally enable
them to do so.
Membership
of organisation does not entitle or insure a healer to prescribe or sell
remedies, herbs, supplements, oils etc.
The
law is developing rapidly and changing in this area. Anyone wish to
prescribe, administer or sell remedies should make themselves aware of and
comply with current legislation.
