Based on the 1985 decision of the house of lords in gillick v west norfolk and wisbech area health authority. Children under 16 may be considered gillick competent to make treatment decisions, but may need to. Pdf how should paediatricians assess gillick competence. Practical guidance is offered through a proposed set of guidelines for assessing gillick competence which are appended to this paper.
Note though that consent to medical treatment can be given by a child under the age of 16 if she is gillick competent. In some situations, it will be necessary to determine whether a child is mature enough to make decisions and for authorities to establish this, they may choose to adopt gillick competency assessments. Children younger than sixteen can however be deemed as gillick competent. Children aged sixteen and over are usually presumed to be gillick competent. It established a test by which the court could measure childrens competence with a view to them authorising medical treatment. Gillick v west norfolk and wisbech area health authority 1985 3 all er 402 hl. The gillick principle originated in the house of lords in 1985 and concerns the rights of children under 16. Although people with parental responsibility were generally free to act alone. The article states how it is essential that the care giver is confident in assessing a childs gillick competence to ensure that the childs rights are respected griffith, r. Recently released figures from the office for national statistics 2016 show that some 4160 girls under 16 became pregnant in england and wales in 2014. Gillick competence is a term originating in england and is used in medical law to decide whether a child under 16 years of age is able to consent to their own medical treatment, without the need for parental permission or knowledge the standard is based on the 1985 decision of the house of lords in gillick v west norfolk and wisbech area health authority.
Pdf competence is an essential legal requirement for valid consent to medical. The retreat from gillick douglas 1992 the modern law. Common law gillick competency dr bird said under common law, patients under the age of 18 who are determined to be gillick competent or a mature minor can consent to their own medical treatment. To manage teenage pregnancies effectively, midwives must be able to assess the childs competence to consent to their maternity care. Children is a legal term and it includes all young people up to age eighteen. The children act 1989 states that in matters concerning the upbringing of a child the childs welfare shall be the courts paramount consideration. Medicolegal understanding gillick competence gponline. Consent to treatment children and young people nhs. Pdf this paper looks at the issue of consent from children and whether the test of gillick competency, applied in medical and healthcare practice. Children under the age of 16 can consent to their own treatment if theyre believed to have enough intelligence, competence and understanding to fully appreciate whats involved in their treatment.
The gillick standard arose from the high courts decision in gillick v west norfolk and wisbech area health authority 1985 3 all er 402 hl, which is binding in the. Gillick competence is concerned with determining a childs capacity to consent. Competence is related to cognitive ability and experience and may be enhanced by education, encouragement etc. This factsheet briefly explains the meaning of these terms. In 1996, brazier and bridge raised the question is adolescent autonomy truly dead and buried following judicial decisions which had seemed to reverse the gillickinspired trend for greater child autonomy in healthcare. Mdu medicolegal adviser dr emma cuzner explains the principles behind gillick competence. Gillick competence last updated april 30, 2020 badge worn by some in protest against gillicks campaign in the early 80s gillick competence is a term originating in england and is used in medical law to decide whether a child under 16 years of age is able to consent to their own medical treatment, without the need for parental permission or knowledge. Never before has gillick been extended to permit a mature child to make autonomous medical decisions over and above the curial parens patriae power.
Fraser guidelines, on the other hand, are used specifically to decide if a child can consent to contraceptive or sexual health advice and treatment. The children act 1989 states that in matters concerning. Gillick competency and fraser guidelines nspcc learning. Pdf children, gillick competency and consent for involvement in. This article considers the requirements for gillick competence. Badge worn by some in protest against gillicks campaign in the early 80s. Some background information first in uk law, a persons 18 birthday draws the line between childhood and adulthood children act 1989 s105 so in health care matters, an 18. As time passed, uilliam og was contracted to uilleog, anglicized ulick, which literally means young william. Competence is related to cognitive ability and experience and may be.
When practitioners are trying to decide whether a child is mature enough to make decisions, they often talk about whether the child is gillick competent or. Results for gillick competence 1 10 of 97 sorted by relevance date click export csv or ris to download the entire page or use the checkboxes to select a subset of records to download export csv export ris 10 per page 50 per page 100 per page 250 per page. In 20, two judicial decisions promulgated from different australian courts are in conflict over this most fundamental of questions. Children under 16 may be considered gillick competent to make treatment decisions, but may need to demonstrate this. Use the link below to share a fulltext version of this article with your friends and colleagues. This paper looks at the issue of consent from children and whether the test of gillick competency, applied in medical and healthcare practice, ought to extend to participation in research. Re r is a difficult case, on its facts, for those who wish to uphold as far as possible the principle of respect for childrens autonomy. Subscribe to this free journal for more curated articles on this topic.
Gillick competence is at the core of legalmedical debate for the past 27 years due. Gillick competence definition of gillick competence by. The children act itself gives no guidance on how to determine a childs capacity for under standing and it is accepted that the principles used in ascertaining gillick competence will apply. Competence is related to cognitive ability and experience and may be enhanced by education, encouragement etc there. Gillick competence uncountable britain, law the capacity of a child to consent to medical treatment without parental permission or knowledge. Another chapter has opened in the tortured history of the status of gillick competence. Gillick v west norfolk and wisbech area health authority 1986 ac 112. A child may have the capacity to consent to straightforward, relatively risk free treatment but may not necessarily have the capacity to consent to complex treatment carrying high risks or serious consequences the capacity to consent can also be affected by the childs physical and emotional. The terms gillick competence and fraser guidelines are not interchangeable. The decision in the case of gillick is not written in a specific law statute but is part of whats called the uk common law a decision made on a particular issue taken in this case all the way to the house of lords which effectively sets a precedent. Most commonly, discussion relates to medical treatment and stems from the case of gillick v.
Gillick competence is a term originating in england and is used in medical law to decide. Competent decisions should be free from influences that impede free choice. Mrs gillick was a mother of five children, one of whom had sought and received contraceptive advice from a local doctor whilst below the age at which she could lawfully consent to intercourse. Competence and consent to treatment in children and. Avant gillick competence no protection for jehovahs. This article cites 0 articles, 0 of which you can access for free at. It is an essential prerequisite for providing valid consent to medical treatment. The decision of the court of appeal in x v sydney childrens hospitals network 20 nswca 320 confirms that, while the court will respect the particular religious beliefs of a mature minor who is resisting treatment that is, someone under 18 who has achieved a sufficient level of understanding and maturity to enable them to understand fully what is proposed the ultimate. Gillick competency a childs right to make decisions. When referring to the phrase gillick competence, commentators are normally discussing the ability of a minor to make his or her own choices and have such choices upheld by the law. It is argued that the relatively broad usage of the test of gillick competency in the medical context should not be considered applicable for use in research. Consent, competence and confidentiality for children and. The landmark decision of gillick v west norfolk area health authority was a victory for advocates of adolescent autonomy. Mag is a form of mac son used in old irish names before vowels.
William is uilliam in gaelic, and william the younger is uilliam og. Gillick competency and fraser guidelines refer to a legal case which looked specifically at whether doctors should be able to give contraceptive advice or treatment to under16yearold girls without parental consent. In the uk andrews mother may be more likely to complain and her complaint would be far more likely be upheld should the osteopath refuse to treat andrew without his. In sum, it is now legal to decide whether a child is able to give consent to. When practitioners are trying to decide whether a child is mature enough to make decisions, they often talk about whether the child is gillick competent or whether they meet the fraser guidelines. With the introduction of the sexual offences act 2003 into uk law, current arguments about lowering the age of consent may, in the future, result in greater and wider. Children are gillick competent if they are able to.
Gillick competence is at the core of legalmedical debate for the past 27 years due to the diverse views presented by various scholars about the competence of minors to consent for his or her own treatment. Gillick competence wikimili, the best wikipedia reader. Gillick competency and fraser guidelines balancing childrens rights with the responsibility to keep them safe from harm. Applied tests for competence are wideranging and context dependent. Thus, gillick competency should be transposed into research without further ado, and respect for the autonomy of minors should be treated as more important than non. Subsequent decisions by the courts have reinforced the view that those below 18 years in england and wales remain children with limited rights to refuse treatment compared. The surname mcgillick is a patronymic adopted by a branch of the burkes of connacht, and originates from the irish mag uilic, meaning son of ulick. Gillick competency and fraser guidelines nspcc factsheet july 2012 when deciding whether a child is mature enough to make decisions, people often talk about whether a child is gillick competent or whether they meet the fraser guidelines. Children, gillick competency and consent for involvement. Assessing gillick competence british journal of midwifery. The gillick case was english and applies in england and wales, however the principle of the ruling and the concept of gillick competence has been adopted by the rest of the uk. Competence is an essential legal requirement for valid consent to medical treatment. You should seek consent from the child under 16, if gillick competent, or authority from someone with parental responsibility for the child, before starting nonemergency work.
Otherwise, someone with parental responsibility can consent for them. The gillick competency and fraser guidelines help people who work with children to balance the need to listen to childrens wishes with the responsibility to keep them safe. Enrol and complete the course for a free statement of participation or digital badge if. The law creates a dichotomy which questions the decision making ability of minors and also questions the development aspect of a child. How should paediatricians assess gillick competence. In general, in english law a minor is a person less than 18 years old. This factsheet outlines key findings from a 1985 judgement by the house of lords on a legal case which looked specifically at whether doctors should be able to give. Children and consent for medical treatment neelima choahan. A uk term of art referring to the competence of a child under the age of 16 to consent to hisher own medical care, without the need for parental permission.