Scotland: parental refusal of medical treatment and the parens patriae jurisdiction

In Greater Glasgow Health Board & Anor [2026] CSOH 76, Greater Glasgow Health Board petitioned the court to exercise its parens patriae jurisdiction in the case of Child A and Child B, while Borders Health Board petitioned the court to exercise it in respect of Child C. All three were the children of Jehovah’s Witnesses, and none had the capacity to consent on their own account. Child A’s and Child B’s parents had refused permission for blood transfusions, while the parents of Child C had refused permission for an anti-tetanus vaccination after she had been bitten by the family dog [1].

Lord Braid noted at [16] that Lady Tait had recently summarised the current law on the exercise of parens patriae in A Scottish Health Board, Petitioner [2026] SLT 71, as follows: Continue reading