The Children Act

The Children Act is a work of literary fiction by British novelist and screenwriter Ian McEwan. Originally published in 2014, The Children Act was inspired by a 1990 case that Sir Alan Ward presided over. The novel fictionalizes this historical case, revolving around the High Court Judge Fiona Maye’s story and character. When Fiona hears that 17-year-old Adam Henry is refusing a blood transfusion because of his Jehovah’s Witness beliefs, she decides to visit him at the hospital before ruling on his case. What ensues is a complex examination of Fiona’s personal moral code and loyalty to the British legal system. Written from the third-person limited point of view, the novel explores themes including Resolving the Intersection of Personal and Professional Life, The Tension Between Different Moral Codes, and The Psychological Impact of Judicial Responsibility.

Ian McEwan has written over 20 works of fiction. He is best known for his 2001 novel Atonement. In 2002, the novel won both the National Book Critics Circle Award for Fiction and the Los Angeles Times Book Prize for Fiction. It was later adapted into a feature film in 2007, starring Keira Knightley and James McAvoy. McEwan also won the 1998 Booker Prize for his novel Amsterdam.

This guide refers to the 2015 First Anchor Books paperback edition of The Children Act.

Content Warning: The source material and guide feature depictions of sexual content, religious discrimination, illness, and death by suicide.

Plot Summary

Fiona Mayes is a 59-year-old High Court judge in London’s Family Division. She lives in the Gray’s Inn neighborhood with her husband, Jack. One night, Fiona lies on the couch in the sitting room, drinking Scotch and mulling over her recent argument with Jack. Jack asked her if they could have sex, and Fiona refused. He responded that he might start an extramarital affair if Fiona wouldn’t reignite their sex life. Fiona closed down the argument, refusing to sanction Jack’s affair, but now she can’t stop thinking about it. Jack has always been loving and kind, and she can’t understand what’s changed. She knows that she’s devoted most of her time and energy to her work but still feels slighted by her husband. She pours herself another drink and stares at her work papers on the floor.

Jack comes in for another drink, and the couple renews their argument. However, Fiona’s mind soon wanders to a case she recently tried. A hospital wanted to separate a pair of conjoined twins, and while both twins would die if they remained conjoined, one of the boys would survive if they were separated. Fiona sided with the hospital, and one twin died. Months have passed since the case, but she can’t stop thinking about it. She hasn’t even shared her emotions with Jack. 

Fiona’s clerk calls to say she has a new case application for the next day involving a teenage Jehovah’s Witness. Feeling ignored by Fiona, Jack retreats from the room, packs a suitcase, and leaves. Resigned to the situation, she goes to bed.

On the way to work the next day, Fiona tries not to think about Jack. She tries to ignore her frustration as she moves through the day. However, when Jack fails to text, call, or email her, she calls a locksmith to change the locks on their flat.

That afternoon, Fiona hears Adam Henry’s case. Adam is a 17-year-old Jehovah’s Witness who has leukemia. Edith Cavell General Hospital wants to give him a blood transfusion so that they can offer him more treatments and save his life. His parents Naomi and Kevin Henry have refused the transfusion on behalf of their son and in accordance with their faith. (Jehovah’s Witnesses don’t support blood transfusions.) 

Adam’s legal representation argues that Adam is almost an adult, and his faith is his own; his parents aren’t forcing him to refuse the transfusion. Opposing counsel argues that Adam is refusing the transfusion because if he accepts it, he’ll be shunned by his community and lose his family. After hearing these arguments, Fiona decides to go and visit Adam at the hospital before making her decision.

At the hospital, Fiona is immediately taken with Adam. He is young, but he’s also intelligent, witty, and self-possessed. He tells Fiona about his faith and reiterates his reasons for refusing the transfusion. Fiona plays the devil’s advocate while ensuring that Adam understands the potential ramifications of not getting treatment. 

She then changes the subject to Adam’s writing and music: He writes poetry and has recently picked up the violin. He reads her a poem and then plays her a song. She recognizes the piece as “Down by the Salley Gardens” and suggests he play it again so that she can sing along. The moment is emotional. Fiona says goodbye and returns to court despite Adam’s pleas for her to stay longer.

Back at court, Fiona reads her ruling. She ultimately rules in favor of the hospital, which she believes is in accordance with the Children Act of 1989, a former case that prioritizes a child’s welfare, even over their or their guardian’s own wishes.

Fiona walks home in a good mood. She feels pleased with herself for saving Adam’s life. Her spirits dampen, however, when she returns home to find Jack on the front step. She lets him in but ignores him for the rest of the night. Over the following months, Fiona and Jack hardly speak to each other. Meanwhile, Fiona throws herself into her work. 

One day, she receives a letter from Adam. He’s doing much better and has left the Jehovah’s Witnesses. He is still living at home but thinks about her often and would love to talk to her again. Fiona writes a reply but doesn’t mail it.

A few months later, Fiona receives another letter from Adam. She ignores this one, too, despite Adam’s repeated request for guidance. Some weeks later, she travels to Newcastle for work, and Adam shows up unannounced. He apologizes for bothering her but explains that he has left home for good. He wants to move in with her and Jack and asks Fiona to be his mentor. Fiona insists this is impossible and calls him a cab to his aunt’s house. Before he leaves, she kisses him.

Fiona pushes Adam out of her mind over the following weeks. She’s ashamed of herself and tries not to remember their kiss. As a distraction, she turns her attention to Jack. Their conflict gradually dissipates. Then one day, Fiona receives a poem from Adam in the mail with a cryptic ending. Convinced he’ll forget her soon enough, she hides the poem away.

In December, Fiona plays a piano concert with one of her friends and colleagues. The closing song of the night is “Down by the Salley Gardens,” the same song she and Adam played at the hospital. Overcome by emotion and convinced something terrible has happened, Fiona races home afterward and calls Adam’s social worker, who confirms that Adam died a month before.

When Jack gets home, Fiona tells him everything that happened. Not long after Adam left Newcastle, his leukemia returned. Alone and afraid, he went back to his family and faith. When he was hospitalized, he refused the transfusion and died. Fiona tells Jack she thinks that he chose to die by suicide. Jack lies by her side and comforts her, promising never to stop loving her.