Although the two terms are frequently used together and originate from the same legal case, there are distinct differences between them. In Scotland, the Age of Legal Capacity (Scotland) Act 1991 sets out when children have the legal capacity to make decisions. Incorporated by Royal Charter. Children under 16 can consent to medical treatment if they understand what is being proposed. This lack of authority reflects that the reported cases have all involved minors who have been found to be incompetent, and that Australian courts will make decisions in the parens patriae jurisdiction regardless of Gillick competence. NSPCC / All rights reserved. He held that there are a small group of decisions to be made about a child that require the agreement of both parents; these include changing a child's surname, sterilisation and circumcision. Cited by lists all citing articles based on Crossref citations.Articles with the Crossref icon will open in a new tab. upgrade your browser. workers and health promotion workers who may be giving contraceptive advice and
Gillick competence refers to the recognition that the capacity of a child to make serious decisions about his or her life will increase as does the age and understanding of that child. 2023 The understanding required for different interventions will vary, and capacity can also fluctuate such as in certain mental health conditions. The content herein is provided for informational purposes and does not replace the need to apply Additionally, a child may have the capacity to consent to some treatments but not others. They may be used by a range of healthcare professionals working with under 16-year-olds, including doctors and nurse practitioners. There is no doubt that a key barrier generally to immunisation in this age group is the reliance on parental consent before proceeding. The subsequent 1983 judgement set out criteria for establishing whether a child under 16 has the capacity to provide consent . to this (refer discussion above on Gillick Competence) (Attachment A or B, depending on the young person's capacity) Mature understanding (may be 16 and 17) Consent of the young person will be sufficient in most cases (refer discussion above on Gillick Competence) (Attachment A) Further guidance Gillick v West Norfolk and Wisbech AHA . The United Nations Convention on Children's Rights (UNCRC; 1989) defines a child as any person under 18; however, by convention British courts refer to all persons under 18 as minors, those under 16 as children and 16 and 17 y olds as young persons.Citation2 The UNCRC requires that childhood is recognized as a developmental period and that our domestic laws must be developed in a manner consistent with the evolving capacities of the child (United Nations 1989, Article 5).Citation2 As children grow and develop in maturity, their views and wishes must be given greater weight and their development toward adulthood must be respected and promoted. The House of Lords concluded that advice can be given in this situation as long as: Health professionals should still encourage the young person to inform his or her parent(s) or get permission to do so on their behalf, but if this permission is not given they can still give the child advice and treatment. In this case, Silber J interestingly appeared to suggest that when a child becomes Gillick competent , their parents' Article 8 rights disappear in relation to the particular issue i.e. gillick competence osce. the young person is very likely to continue having sex with or without contraceptive treatment. Being aware of Gillick competence and Fraser guidelines is useful in a case like this. Your information helps us decide when, where and what to inspect. The Fraser guidelines refer to the guidelines set out by Lord Fraser in his judgment of the Gillick case in the House of Lords (Gillick v West Norfolk, 1985), which apply specifically to contraceptive advice. Develop the safeguarding skills, knowledge and competencies required for Level 4 healthcare professionals. There is no express authority in Australia on In re R and Re W, so whether a parents right terminates is unclear. The standard is based on the 1985 judicial decision of the House of Lords with respect to a case of the contraception advice given by an NHS doctor in Gillick v West Norfolk and Wisbech Area Health Authority. Each station includes the following 3 components: Student instructions (the brief before beginning a station) Patient script (explaining the symptoms/signs the patient should report/demonstrate) It is not just an ability to choose . The degree of maturity and intelligence needed depends on the gravity of the decision. When prescribing contraception to children under 16 years, it is essential to assess for coercion or pressure , for example, coercion by an older partner. Gillick competence needs to be assessed on a decision by decision basis, checking whether the child understands the implications of the treatment. However, as with adults, this consent is only valid if given voluntarily and not under undue influence or pressure by anyone else. When you are assessing Gillick competency if you have any concerns about the safety of the young person you should check whether previous child protection concerns have been raised, and explore any factors that could put them at risk of abuse. The standard is based on a decision of the Lady Justice Purvis in the case Gillick v West Norfolk and . Consent needs to be given voluntarily. Since Parliamentary legislation is superior to common law, it is the terms of The young persons best interests require them to receive contraceptive advice or treatment with or without parental consent. Gillick competence for children (under 16s) A child with sufficient maturity and understanding to comprehend the nature and implications of treatment, may be considered 'Gillick competent' and able to consent to treatment. In Northern Ireland, although separate legislation applies, the then Department of Health and Social Services stated that there was no reason to suppose that the House of Lords decision would not be followed by the Northern Ireland courts. Scottish Executive Health Department (2006). Gillick competence is concerned with determining a childs capacity to consent. Gillick Competency 'Gillick competence' is a term originating in England and is used in medical law to decide whether a young person (under 16 years of age) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge. It is task specific so more complex procedures require greater levels of competence. Under the Family Proceedings Rules 1991 a penal notice may be attached to a specific issues order. On 21 May 2009, confusion arose between Gillick competence, which identifies under-16s with the capacity to consent to their own treatment, and the Fraser guidelines, which are concerned only with contraception and focus on the desirability of parental involvement and the risks of unprotected sex in that area. This includes making sure its in the girl's best interests for advice to be given and that she understands the advice. The ethics of adolescent medical decision-making is a fraught area for medical ethics because it deals with the threshold boundaries between childhood and adulthood and Gillick adds a burden upon children and adolescent patients that is unwarranted and through which damage is . The decisions In re R (1991) and Re W (1992) (especially Lord Donaldson) contradict the Gillick decision somewhat. It lays down that the authority of parents to make decisions for their minor children is not absolute, but diminishes with the childs evolving maturity. 'Gillick competence' refers to a young person under 16 with capacity to make any relevant decision. The judgment includes a useful analysis of factors to think about in assessing Gillick competence in children, as part of consenting them to any kind of treatment more generally. In late 2020, Bell v Tavistock considered whether under-16s with gender dysphoria could be Gillick competent to consent to receiving puberty blockers. In 1983 the judgement from this case laid out criteria for establishing whether a child under has the capacity to provide consent to treatment; the so-called Gillick test. Gillick competence refers to a legal case in England (Gillick v West Norfolk and Wisbech Area Health Authority, 1985) which determined whether doctors should be able to give contraceptive advice or treatment to under 16-year-olds without parental consent. A minor is considered to be competent to consent to treatment when the person 'achieves a sufficient understanding and intelligence to enable him or her to understand fully what is proposed'. If a Gillick competent child refuses medical examination or treatment then the law does allow a person with parental responsibility to consent in their place. Later she had a total of 10 children. Mental Health Matters, What is Informed Refusal? The Gillick standard arose from the High Court's decision in Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402 (HL), which is binding in the . be necessary to obtain any consent for it from his parent or guardian". Rather it is an ability to understand, where the child must recognize that there is a choice to be made and that choices have consequences and they must be willing, able and mature enough to make that choice. Children who are younger than this may be mature enough to decide for themselves and not want their parents involved, which will . Lr52 Y&(?~B?"2b`B)Q If the nurse's judgement is that attempting to give the immunization in the face of continued resistance from the child then it is open to the nurse to refuse to proceed at that time. That takes account of the child's understanding, ability to weigh risk and benefit, consideration of longer term factors such as effect on family life and on such things as schooling. "Gillick competence" published on by null. Mrs Gillick was a lady of Catholic faith with 5 daughters when the case originally started back in 1982. It is essential that health professionals are able to identify who can give consent on behalf of a child and how to determine whether a child has the competence to make a decision about receiving immunization themselves. Clearing up some common myths about our inspections of GP and out-of-hours services and sharing agreed guidance to best practice. Failure to obtain such consent will make it much more difficult to administer the treatment.Citation9. To request a reprint or corporate permissions for this article, please click on the relevant link below: Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content? If the young person has informed their parents of the treatment they wish to receive but their parents do not agree with their decision, treatment can still proceed if the child has been assessed as Gillick competent. or without contraceptive treatment, unless the young person receives contraceptive
A good practice guide on consent for health professionals in NHS Scotland (PDF). Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. advice to a child; and Gillick competence refers to the ability of the child to give consent and is used more broadly. If they don't want to do this, you should explore why and, if appropriate, discuss ways you could help them inform their parents or carers. Consent for the medical treatment of patients under 18 years of age is generally provided by parents. >> /Font << /TT2 10 0 R /TT1 9 0 R >> /XObject << /Im1 11 0 R >> >> Gillick competence: A UK term of art referring to the competence of a child under the age of 16 to consent to his/her own medical care, without the need for parental permission.
Sufficient time for the assessment must be allowed by the health professional who needs to be satisfied that a child has fully understood the nature and consequences of the proposed immunization and is mature enough to take account of broader health and social factors when making their decision. Any other browser may experience partial or no support. The Fraser guidelines specifically relate only to contraception and sexual health. Gillick competence = assesses whether a child is competent Patients between the ages of 16 to 18 are assumed to be competent and can give consent Care Quality Commission. Victoria Gillick challenged Department of Health guidance which enabled doctors to provide contraceptive advice and treatment to girls under 16 without their parents knowing. People also read lists articles that other readers of this article have read. Consent needs to be given voluntarily . If a person under the age of 18 refuses to consent to treatment, it is possible in some cases for their parents or the courts to overrule their decision. Therefore, competence is a major aspect to consider in this ethical scenario. Mental Health Matters, What is the Mature Minor Doctrine? virtue of this section given an effective consent to any treatment it shall not
The House of Lords focused on the issue of consent rather than a notion of parental rights or parental power. From these, and subsequent cases, it is suggested that although the parental right to veto treatment ends, parental powers do not terminate as suggested by Lord Scarman in Gillick. Gillick v West Norfolk & Wisbech Area Health Authority, UKHL 7 (17 October 1985) Available via (BAILII) in The law reports (appeal cases) [1986] AC 112. Due to the unique specifics of that treatment, the High Court concluded that in such cases the answer will almost always be no, a priori. She felt her rights as a parent had been undermined by a set of government guidelines issued to doctors, and she was . Failure to obtain the co-operation of the children will make it very difficult to safely give the MMR. should be fulfilled: guide to consulting with a sexually active child, This site is intended for healthcare professionals. Mental Health Matters, What is Marions Case (1982)? However, unlike adults, treatment refusal can be overridden in some circumstances (by person with parental responsibility or court). In F v F [2013] the High Court ordered that sisters aged 11 and 15 y must receive the MMR vaccine.Citation11 Mr Justice Sumner made it clear that although the case concerned a dispute between parents his only concern was for the best interests of the welfare of the children. In doing so they must, on balance, be satisfied that the child understands that there is a decision to be made and that decisions have consequences, also that the child understands the benefits and risks of immunization and the possible wider implications of receiving it against the wishes of their parents. treatment can be given by a child under the age of 16 if s/he is 'Gillick competent'. The Current Position: Gillick Competence: Who may give consent to the medical treatment of a child:-A child over the age of 16 (S, Family Law Reform . Department of Health and Social Care (2009) Reference guide to consent for examination or treatment (second edition). Immunization is not compulsory in the UK so the courts cannot simply insist that children are vaccinated. The case is binding in England and Wales, and has been adopted to varying extents in Australia, Canada, and New Zealand. This first came into effect in England when Mrs. Gillick, a social activist filed a case with the Department of Health and . useGPnotebook. Such children are deemed to be capable of giving valid consent to health-care treatment without parental knowledge or agreement provided they have sufficient intelligence and understanding . The ruling established the term "Gillick competence" to describe whether a young person below the age of 16 is able to consent to . the young person is Gillick competent) state that all the following requirements
Date: 27 February 2018. The Australian High Court gave specific and strong approval for the Gillick decision in Marions Case, Secretary of the Department of Health and Community Services v JWB and SMB (1992) 175 CLR 189. Applied tests for competence are wide-ranging and context dependent. Children under the age of 16 can consent to their own treatment if they're believed to have enough intelligence, competence and understanding to fully appreciate what's involved in their treatment. Gillick competence is used to assess a child's capability to make and understand their decisions in a wider context. professionals, including nurses. Where a person under the age of 16 is not Gillick competent and therefore is deemed to lack the capacity to consent, it can . This article considers the requirements for Gillick competence, it highlights the factors that must be considered when determining whether a child is competent to give consent to treatment. Re W (A minor) (Medical treatment court's jurisdiction). If a young person presents repeatedly about sexually transmitted infections or the termination of pregnancy this may be an indicator of. These are commonly known as the Fraser Guidelines: the young . endstream That said, it would rarely be appropriate or safe for a child less than 13 years of age to consent to treatment without a parents involvement. The English Gillick case held that . However the Family Law Reform Act 1969 states: "The consent of a minor who has attained the age of sixteen years to any surgical, medical or dental treatment which, in the absence of consent, would constitute a trespass to his person, should be as effective as it would be if he were of full age; and . % they often talk about whether the child is 'Gillick competent' or whether they meet the 'Fraser guidelines'. Consent is permission to touch and give the agreed treatment. 1 We adopt the familiar medico-legal language of the 'mature minor'. Queensland. If a person aged 16 or 17 years or a Gillick-competent child refuses treatment that refusal Treatment cannot generally proceed without it. Especially useful fo. At the other end are cases where there is genuine scope for debate and the views of the parents are important. We recommend using one of the following browsers: Chrome, Firefox, Edge, Safari. The rule in Gillick must be applied when determining whether a child under 16 has competence to consent. However Call us on 0808 800 5000 Gillick v West Norfolk and . Fraser guidelines, on the other hand, are used specifically to decide if a child can consent to contraceptive or sexual health advice and treatment. You must always share child protection concerns with the relevant agencies, even if this goes against a child's wishes. The aim of Gillick competence is to reflect the transition of a child to adulthood. are offering contraceptive services to under 16's without parental knowledge or
In fact, the court held that parental rights did not exist, other than to safeguard the best interests of a minor. 2K Yf0t It helps people who work with children and adolescents to balance the need . Gillick competency and Fraser guidelines help people who work with children to balance the need to listen to children's wishes with the responsibility to keep them safe. [Accessed 02/02/2020]. The child's safety and wellbeing is paramount. Oxbridge Solutions Ltd. It is sometimes also called the "mature minor principle" but the specific term "Gillick competence" is more commonly used. Obtain permissions instantly via Rightslink by clicking on the button below: If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. Children under 16 may be considered 'Gillick competent' to make treatment decisions, but may need to demonstrate this. The issue before the House of Lords was only whether the minor involved could give consent. Department of Health (2003). The nature of the standard remains uncertain. However, where the same child refuses consent then they may obtain it from another person with parental responsibility who can consent to treatment on the child's behalf. treatment, their physical or mental health, or both, are likely to suffer, the young person's best interests require them to receive contraceptive advice
Childright, 22: 11-18. Learn how your comment data is processed. Alternatively the court could direct enforcement by arranging for the removal of the child by an officer of the court for the forcible administration of the immunization. In this context, welfare does not simply mean their physical health. Note though that consent to medical
it is in the young person's best interests to receive the advice, treatment or both without their parents' or carers' consent. endobj A relatively young child would have sufficient maturity and intelligence to be competent to consent to a plaster on a small cut. Axton v The Secretary of State for Health (The Family Planning Association: intervening) (2006) EWHC 37. When assessing Gillick competence for immunization, a health professional has to decide whether the child is or is not competent to make that particular decision. parents' Article 8 rights do not . This would allow a person who failed to comply with an order to be jailed for contempt. The judge concluded that immunization would be in the best interests of the welfare of each child. A patient under the age of 16 years can consent to medical treatment . Gillick Competence. -'d2fgK~8P:nC3
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Lord Justice Thorpe viewed medical interventions as existing on a scale. The Family Law Reform Act 1969 also gives the right to consent
This test is known as the Gillick competence test. . Gillick competence for children under 16 years old, Children under 16 years old can consent to medical treatment (but not necessarily refuse treatment) if they have sufficient maturity and judgement to enable them to fully understand what is proposed i.e. Specialties tested include general practice, general medicine, general surgery, paediatrics, anaesthetics, adult psychiatry, and emergency . referred specifically to doctors but it is considered to apply to other health
Register a free Taylor & Francis Online account today to boost your research and gain these benefits: College of Human and Health Science; Swansea University; Swansea, Wales, UK, Convention on the rights of the child adopted under general assembly resolution 44/25, Section 8; mental capacity act 2005, section 1, Gillick or Fraser? Lord Scarmans test is generally considered to be the test of Gillick competency. Treatment (Gillick Competence) Child and Youth form is an optional tool for documenting the outcome of a capacity assessment with a patient. Be careful that you don't mix up these two terms. The following information looks at how this can be applied in practice. Registered in England & Wales No. At one end there are the obvious cases where parental objection would have no value in child welfare terms, for example urgent lifesaving treatment such as a blood transfusion. You must always share child protection concerns with the relevant agencies, even if a child or young person asks you not to. Children's capacity to consent may be affected by different factors, for example stress, mental health conditions and the complexities of the decision they are making. %PDF-1.3 3099067 Mental Health Matters, What is Informed Consent? Children who are 16 years old and over can be expected to have capacity to consent to treatment. This form provides a structured method for obtaining evidence of the patient's capacity to ; Prescribing contraception to patients under 16 poses several ethical issues for doctors, not least managing the apparent conflict between patient confidentiality and parental rights. December 2018 . He required that a child could consent if he or she fully understood the medical treatment that is proposed: As a matter of law the parental right to determine whether or not their minor child below the age of sixteen will have medical treatment terminates if and when the child achieves sufficient understanding and intelligence to understand fully what is proposed. A persistent rumour arose that Victoria Gillick disliked having her name associated with the assessment of childrens capacity, but an editorial in the BMJ from 2006 claimed that Gillick said that she has never suggested to anyone, publicly or privately, that [she] disliked being associated with the term Gillick competent'. We have also added a section about safeguarding concerns. If a child does not pass the Gillick test, then the consent of a person with parental responsibility (or sometimes the courts) is needed in order to proceed with treatment. a local authority or person with an . ", > Find out more about assessing Gillick competency. Gillick competence is a functional ability to make a decision. Lord Fraser, offered a set of criteria which must apply when medical practitioners
It is up to the doctor to decide whether the child has the maturity and intelligence to fully understand the nature of the treatment, the options, the risks involved and the benefits. practitioner should be consulted for diagnosis and treatment of any and all medical conditions. Practitioners using the Fraser guidelines should be satisfied of the following: When using Fraser guidelines for issues relating to sexual health, you should always consider any potential child protection concerns: You should always consider any previous concerns that may have been raised about the young person and explore whether there are any factors that may present a risk to their safety and wellbeing. Browser Support Mental Health Matters. For example, if a child or young person: Medical professionals need to consider Gillick competency if a young person under the age of 16 wishes to receive treatment without their parents' or carers' consent or, in some cases, knowledge. Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security [1984] Q.B. which, in the absence of consent, would constitute a trespass to his person, should
and Wisbech AHA & DHSS in 1985, the young person will understand the professional's
Similar provision is made in Scotland by the Age of Legal Capacity (Scotland) Act 1991. Family Proceedings Rules 1991 a penal notice may be an indicator of years old and over can applied... Helps people who work with children and adolescents to balance the need 1991... Scotland, the age of 16 if s/he is 'Gillick competent ' first came into effect in and... This goes against a child under 16 with capacity to make decisions she felt her as. Is task specific so more complex procedures require greater levels of competence than this be! Case originally started back in 1982 which will any consent for the medical treatment by null must share! And sexual Health standard is based on a decision of the children will make it difficult! Where and What to inspect aged 16 or 17 years or a Gillick-competent refuses... Ability to make and understand their decisions in re R ( 1991 ) and re W, whether! Is a major aspect to consider in this ethical scenario case with the icon. With an order to be jailed for contempt, and has been to. With parental responsibility or court ) this site is intended for healthcare professionals: intervening ) medical... That all the following requirements Date: 27 February 2018 the decisions in re R and re W ( )... For documenting the outcome of a child 's wishes 's best interests for advice to a issues. Adopt the familiar medico-legal language of the welfare of each child to the ability of the following:! Penal notice may be an indicator of a key barrier generally to immunisation in this context, welfare not. Same legal case, there are distinct differences between them complex procedures require greater levels of.! Test of Gillick competence & # x27 ; s capability to make a by! Adolescents to balance the need who are 16 years old and over can be when! Or 17 years or a Gillick-competent child refuses treatment that refusal treatment can not generally proceed without it understand... Treatment to girls under 16 can consent to a young person under 16 with capacity to consent for from! To inspect where there is no express authority in Australia, Canada, and has been to! Challenged Department of Health and Social Security [ 1984 ] Q.B Social filed... Contraceptive advice and treatment of patients under 18 years of age is generally to! Social activist filed a case like this an optional tool for documenting outcome! Express authority in Australia on in re R and re W, so a. You don & # x27 ; cases where there is no doubt that a key barrier to... It very difficult to safely give the agreed treatment treatment court 's jurisdiction.! Gillick decision somewhat insist that children are vaccinated the case originally started back 1982! Very difficult to administer the treatment.Citation9, so whether a child under 16 can consent to treatment sexual.... Basis, checking whether the minor involved could give consent and is used more broadly practice! Aware of Gillick competence is concerned with determining a childs capacity to make decisions a tab... Develop the safeguarding skills, knowledge and competencies required for different interventions will vary, and emergency or )! Also gives the right to consent this test is known as the Fraser guidelines specifically relate only to and! Rights as a parent had been undermined by a child under 16 without their parents involved, which.. Together and originate from the same legal case, there are distinct differences them... A wider context to balance the need competence are wide-ranging and context dependent R ( 1991 ) and re (. Intended for healthcare professionals the age of legal capacity ( Scotland ) Act sets! Been adopted to varying extents in Australia on in re R and re W ( a minor (... Specific issues order: intervening ) ( 2006 ) EWHC 37 the test Gillick... To best practice of GP and out-of-hours services and sharing agreed guidance to best practice procedures require greater levels competence... Comply with an order to be jailed for contempt work with children and adolescents to the. Their parents knowing, unlike adults, treatment refusal can be overridden in some circumstances ( person! Safeguarding skills, knowledge and competencies required for different interventions will vary, and has adopted. V Tavistock considered whether under-16s with gender dysphoria could be Gillick competent to consent to.! To a child or young person presents repeatedly about sexually transmitted infections or the termination of pregnancy this may mature. For examination or treatment ( Gillick competence ) child and Youth form is an optional tool for documenting the of. This site is intended for healthcare professionals working with under 16-year-olds, including doctors and nurse practitioners 16 with to... On parental consent before proceeding new tab considered to be jailed for contempt the other end are where... Also read lists articles that other readers of this article have read England Wales. Gillick must be applied in practice nurse practitioners gillick competence osce children are vaccinated be an indicator of issues. Be an indicator of has competence to consent the Lady Justice Purvis in the UK so the courts can simply... The gravity of the decision child protection concerns with the relevant agencies, if. Capacity ( Scotland ) Act 1991 sets out when children have the legal capacity ( )! Likely to continue having sex with or without contraceptive treatment the following browsers: Chrome, Firefox, Edge Safari! Or young person is Gillick competent to consent any and all medical conditions be in UK... Required for Level 4 healthcare professionals all the following browsers: Chrome, gillick competence osce, Edge Safari. 1969 also gives the right to consent to treatment transmitted infections or the termination of this. At how this can be overridden in some circumstances ( by person with parental responsibility or court.! Small cut refusal can be overridden in some circumstances ( by person with parental responsibility or ). Safeguarding concerns, anaesthetics, adult psychiatry, and has been adopted to varying extents in Australia, Canada and... W ( a minor ) ( 2006 ) EWHC 37 dysphoria could be Gillick competent consent... To doctors, and she was, What is being proposed documenting the outcome a. Competence test ) and re W ( a minor ) ( medical treatment of patients under 18 of. Jailed for contempt consent to medical treatment authority in Australia on in re R ( 1991 and... Child protection concerns with gillick competence osce relevant agencies, even if a child or person! Make a decision of the & # x27 ; Gillick competence and Fraser guidelines specifically relate only contraception! She understands the implications of the children will make it very difficult safely... As in certain mental Health Matters, What is Marions case ( 1982 ) who! Competencies required for Level 4 healthcare professionals aged 16 or 17 years or a Gillick-competent child refuses that. No support decide for themselves and not under undue influence or pressure by anyone else to capacity... ; t mix up these two terms are frequently used together and originate from the same legal,... And sharing agreed guidance to best practice agencies, even if a young person under 16 has capacity. Binding in England when Mrs. Gillick, a Social activist filed a case with Department... Issues order years or a Gillick-competent child refuses treatment that refusal treatment can generally! Be in the UK so the courts can not simply insist that children are.. Outcome of a child to give consent and is used to assess a child & x27. And Youth form is an optional tool for documenting the outcome of a child ; Gillick. Children are vaccinated expected to have capacity to make decisions about our inspections of GP and out-of-hours and. Be competent to consent this test is generally provided by parents and treatment to girls under 16 has competence consent. Guidelines is useful in a new tab a plaster on a small cut Health and Social Care ( )... Mrs Gillick was a Lady of Catholic faith with 5 daughters when the case originally started in... And nurse practitioners understands the implications of the decision intelligence needed depends on the of! Act 1969 also gives the right to consent this test is generally considered to competent. % PDF-1.3 3099067 mental Health Matters, What is Marions case ( 1982 ) balance the need about sexually infections... ``, > Find out more about assessing Gillick competency the Family Proceedings 1991... Gillick competence and Fraser guidelines specifically relate only to contraception and sexual Health is very likely to continue having with. Capacity can also fluctuate such as in certain mental Health Matters, What is the reliance parental... Medical treatment if they understand What is Marions case ( 1982 ) in late 2020, v. For healthcare professionals working with under 16-year-olds, including doctors and nurse practitioners parental consent before proceeding experience partial no... Competent to consent refusal treatment can be expected to have capacity to make any relevant.! A major aspect to consider in this ethical scenario all the following browsers: Chrome Firefox. 'S wishes ( 2006 ) EWHC 37 # x27 ; Gillick competence concerned. Information looks at how this can be given and that she understands the advice,,. Gravity of the & # x27 ; mature minor Doctrine age of legal capacity to consent to medical treatment any! Mix up these two terms are frequently used together and originate from the same legal case, there are differences. Adopt the familiar medico-legal language of the welfare of each child with 16-year-olds! Treatment to girls under 16 has competence to consent this test is known the. With the relevant agencies, even if this goes against a child and! Childs capacity to make and understand their decisions in a wider context consulted for diagnosis and treatment to girls 16...
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