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 . London: Department of Health and Social Care. it is in the young person's best interests to receive the advice, treatment or both without their parents' or carers' consent. The vaccines minister appears to be arguing that this barrier can be overcome by taking consent from the child under the rule in Gillick (Gillick v West Norfolk and Wisbech AHA [1986]). Call us on 0808 800 5000 This mythbuster clarifies the principles, laws and guidelines used when we assess childrens ability to make decisions about their treatment, as well as the differences between Gillick competence and Fraser guidelines. 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. When considering competence clinicians need to consider the child's: Understanding of relevant information. However, if a young person refuses treatment which may lead to their death or severe permanent harm, their decision can be overruled. However, the parens patriae jurisdiction of the court remains available allowing a court order to force treatment against a childs (and parents) wishes. treatment can be given by a child under the age of 16 if s/he is 'Gillick competent'. All of her daughters were well below the age where their possibly giving consent themselves was likely to be an issue - one was a newborn. If a person aged 16 or 17 years or a Gillick-competent child refuses treatment that refusal However, there are circumstances in which patients under the age of 18 can consent to their own medical treatment. Axton v The Secretary of State for Health (The Family Planning Association: intervening) (2006) EWHC 37. There is no doubt that a key barrier generally to immunisation in this age group is the reliance on parental consent before proceeding. When practitioners are trying to decide whether a child is mature enough to make decisions about things that affect them, they often talk about whether the child is 'Gillick competent' or whether they meet the 'Fraser guidelines'. The United Nations Convention on the Rights of the Child requires that the evolving capacities of children are respected and this requirement is reflected in the law of consent where a child with the necessary maturity and intelligence can give valid consent to examination or treatment.Citation2. Accepted author version posted online: 30 Nov 2015, Register to receive personalised research and resources by email. A child of 15 years or above would normally be expected to have sufficient maturity, intelligence and understanding to . The Axon case set out a list of criteria that a doctor must meet when deciding whether to provide treatment to an under-16 child without informing their parents: they must be convinced that they can understand all aspects of the advice, that the patients physical or mental health is likely to suffer without medical advice, that it is in the best interests of the patient to provide medical advice, that (in provision of contraception) they are likely to have sex whether contraception is provided or not, and that they have made an effort to convince the young person to disclose the information to their parents. Lord Fraser, offered a set of criteria which must apply when medical practitioners The judge concluded that neither child was competent due to the influence of the mother on their beliefs about immunization.Citation12, In Re B (Child) [2003] the Court of Appeal accepted that, in general, there is wide scope for parental objection to medical intervention. 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. What is Gillick competence? Fraser was one of the five judges of in the UK House of Lords . A child who is deemed Gillick competent is able to prevent their parents viewing their medical records. However Our online and face-to-face training courses can help develop your understanding of how to protect children from abuse and safely recruit staff and volunteers to work with children: For further reading about Gillick competency and Fraser guidelines, search the NSPCC Library catalogueusing the keywords "Gillick competency" and "Fraser guidelines". be necessary to obtain any consent for it from his parent or guardian". Gillick competence needs to be assessed on a decision by decision basis, checking whether the child understands the implications of the treatment. In Northern Ireland the Department of Health provides consent guides for healthcare professionals (Department of Health, 2003). There is no set of defined questions to assess Gillick competency. may be obtained either from the parent or from the person themselves. The issue before the House of Lords was only whether the minor involved could give consent. practitioner should be consulted for diagnosis and treatment of any and all medical conditions. It is probably the case that for a person between 16 and 18 years old consent In a landmark case, Victoria Gillick challenged Department of Health Guidance which enabled doctors to provide contraceptive advice and treatment to girls under 16 without their parents' knowledge. Let's make care better together. Therefore, competence is a major aspect to consider in this ethical scenario. This is because we have an overriding duty to act in the best interests of a child. Consent needs to be given voluntarily . 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'. They may be used by a range of healthcare professionals working with under 16-year-olds, including doctors and nurse practitioners. A patient under the age of 16 years can consent to medical treatment . endobj 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. '2P@LH(21qTV5-.A \RT,2P|Hd 41 Fe2 Im^Xd@R/ In practice both remedies are unlikely to be sanctioned as their impact on the child's welfare would be detrimental. Lr52 Y&(?~B?"2b`B)Q When prescribing contraception to children under 16 it is important to assess for coercion or pressure, for example coercion by an older partner. 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. In complex medical cases, such as those involving disagreements about treatment, you may wish to seek the opinion of a colleague about a childs capacity to consent (Care Quality Commission, 2019). The Fraser guidelines specifically relate only to contraception and sexual health. In general, in English Law a minor is a person less than 18 years old. Consent guides for healthcare professionals. 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. Failure to obtain such consent will make it much more difficult to administer the treatment.Citation9. The Court of Appeal reversed this decision, but in 1985 it went to the House of Lords and the Law Lords (Lord Scarman, Lord Fraser and Lord Bridge) ruled in favour of the original judgment delivered by Mr Justice Woolf: "whether or not a child is capable of giving the necessary consent will depend on the child's maturity and understanding and the nature of the consent required. The age of the children was significant in this case. The right to decide on competence must not be used as a license to disregard the wishes of parents whenever the health professional finds it convenient to do so. As cited in Family Law Week. Although people with parental responsibility were generally free to act alone when making decisions for their children this freedom was not unfettered. If a child or young person needs confidential help and advice direct them to Childline. 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 . . The age at which a person becomes an 'adult' in Australia is 18. 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. The two girls lived with their respective mothers. These restrictions have yet to be tested in court. This would allow a person who failed to comply with an order to be jailed for contempt. In law, a person's 18th birthday draws the line between childhood and adulthood (Children Act 1989 s105) - so in health care matters, an 18 year old enjoys as much autonomy as any other adult. People also read lists articles that other readers of this article have read. independence. However, there is still a duty to keep the childs best interests at the heart of any decision, and the child or young person should be involved in the decision-making process as far as possible. A refusal by 16 - 17 year olds is also not determinative and can be overridden by the court. the child's age, maturity and mental capacity, their understanding of the issue and what it involves - including advantages, disadvantages and potential long-term impact, their understanding of the risks, implications and consequences that may arise from their decision, how well they understand any advice or information they have been given, their understanding of any alternative options, if available. The Geeky Medics bank of 700+ OSCE stations provides everything you need to practise your clinical skills and prepare for your OSCEs. GPnotebook stores small data files on your computer called cookies so that we can recognise >> /Font << /TT2 10 0 R /TT1 9 0 R >> /XObject << /Im1 11 0 R >> >> The court will . Where a Gillick competent child refuses consent to immunization then a health professional may obtain consent from a person with parental responsibility instead. Abstract. To ensure the site functions as intended, please TO SAY that Mrs Gillick was angry is an understatement. Once the child reaches the age of 16: (i) the issue of Gillick competence falls away, and (ii) the child is assumed to have legal capacity in accordance with s.8 Family Law Reform Act 1969, unless (iii) the child is shown to lack mental capacity as defined in ss. It helps people who work with children and adolescents to balance the need . parents' Article 8 rights do not . 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. If a Gillick-competent child consents to treatment, a parent cannot override that consent. their ability to explain a rationale around their reasoning and decision making. 08/12/20. It is not a question of neglect or abuse that would trigger child protection proceedings. It may also be interpreted as covering youth The Gillick Competency Principle is in effect in Australia since 1992 and deals with parental guidance and information with respect to minors' use of contraceptives and decisions with respect to abortion and pregnancy. Adolescents less than 18 years old may be considered 'mature minors', capable of giving informed consent. Fraser guidelines are applied specifically to advice and treatment that focuses on a young person's sexual health and contraception. The judge concluded that immunization would be in the best interests of the welfare of each child. It does not compel nurses to provide the treatment. Never before has Gillick been extended to permit a mature child to make autonomous medical decisions over and above the curial 'parens patriae' power.In 2013, two judicial decisions promulgated from different Australian courts are in conflict over this most fundamental of questions. has attained the age of sixteen years to any surgical, medical or dental treatment % Unlike public law concerning child protection procedures, the threshold criteria for state intervention, namely a risk of significant harm, does not have to be met in private law cases and the court may settle any matter as long as it has to do with the parental responsibility of a child. If a child passes the Gillick test, he or she is considered Gillick competent to consent to that medical treatment or intervention. Subscribe to our weekly email keeping you up-to-date with all the developments in child protection policy, research, practice and guidance. The result of Gillick is that in England today, except in situations that are regulated otherwise by law, the legal right to make a decision on any particular matter concerning the child shifts from the parent to the child when the child reaches sufficient maturity to be capable of making up his or her own mind on the matter requiring decision. 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. 6 0 obj However Call us on 0808 800 5000 Gillick v West Norfolk and . They are named after one of the Lords responsible for the Gillick judgement but who went on to address the specific issue of giving contraceptive advice and treatment to those under 16 without parental consent. Sexual activity with a child under 13 should always result in a child protection referral. Following a legal ruling in 2006, Fraser guidelines can also be applied to advice and treatment for sexually transmitted infections and the termination of pregnancy (Axton v The Secretary of State for Health, 2006). 5 Howick Place | London | SW1P 1WG. A good practice guide on consent for health professionals in NHS Scotland (PDF). This site uses Akismet to reduce spam. The Fraser guidelines still apply to advice and treatment relating to contraception and sexual health. 2 0 obj Treatment (Gillick Competence) Child and Youth form is an optional tool for documenting the outcome of a capacity assessment with a patient. Any other browser may experience partial or no support. You must always share child protection concerns with the relevant agencies, even if this goes against a child's wishes. Copyright 2023 Since October 2006, the GMC development group at University College London in collaboration with the GMC have held 18 validation days to assess new knowledge tests and OSCE stations on ordinary doctors. The rule in Gillick must be applied when determining whether a child under 16 has competence to consent. Gillick competence is a functional ability to make a decision. The young persons best interests require them to receive contraceptive advice or treatment with or without parental consent. GPnotebook no longer supports Internet Explorer. The English Gillick case held that . Re L (Medical Treatment: Gillick Competence). "Gillick competence" is a term originating in England and is used in medical law to decide whether a child (16 years or younger) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge. z#&,!Eh?_X Q*%20/Ud` !s4@KXA!20W.E-2eR5re@1cCk2W ~G The case is binding in England and Wales, and has been adopted to varying extents in Australia, Canada, and New Zealand. This might . 2K Yf0t Gillick v West Norfolk and Wisbech AHA [1985] UKHL 7 (17 October 1985) 2016 In-text: (Gillick v West Norfolk and Wisbech AHA [1985] UKHL 7 (17 October 1985), 2016) It changes depending on the nature of the medical decision, e.g. If you don't think a child is Gillick competent or there are inconsistencies in their understanding, you should seek consent from their parents or carers before proceeding. Please note: Selecting permissions does not provide access to the full text of the article, please see our help page Young people aged 16 or 17 are presumed in law, like adults, to have the capacity to consent to medical treatment. Did you know that with a free Taylor & Francis Online account you can gain access to the following benefits? 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 . << /ProcSet [ /PDF /Text /ImageB /ImageC /ImageI ] /ColorSpace << /Cs1 8 0 R >> There is no express authority in Australia on In re R and Re W, so whether a parents right terminates is unclear. In the current immunization case the court order is the flak jacket that would protect a nurse giving the MMR vaccination to the sisters. Especially useful fo. We have also added a section about safeguarding concerns. In Queensland, a child can consent to a vaccination if they have the capacity to give or withhold consent. Both fathers were in contact with their daughters and had parental responsibility through court orders. Both Gillick competency and Fraser guidelines refer to a legal case from the 1980s which looked at whether doctors should be able to give contraceptive advice or treatment to young people under 16-years-old without parental consent. Mental Health Matters. the young person understands the advice being given. Gillick competence refers to the fact that some children under the age of 16 are able to give consent. Care Quality Commission. By confusing them, we lose crucial details necessary for obtaining consent. 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. Gillick competency can be used when young people wish to refuse medical treatment. It is a very important concept in the area of consent to surgical treatment - if a doctor doesn't have a valid consent from either a parent or the child, or . If the conditions are not all met, however, or there is reason to believe that the child is under pressure to give consent or is being exploited, there would be grounds to break confidentiality. 2016;12(1):244-7. doi: 10.1080/21645515.2015.1091548. ; If under 13, is the patient engaging in sexual activity? ; Prescribing contraception to patients under 16 poses several ethical issues for doctors, not least managing the apparent conflict between patient confidentiality and parental rights. Gillicks case involved a health departmental circular advising doctors on the contraception of minors (for this purpose, under 16s). endobj These are commonly known as the Fraser Guidelines: the young . Department of Health and Social Care (2009) Reference guide to consent for examination or treatment (second edition). It is sometimes also called the "mature minor principle" but the specific term "Gillick competence" is more commonly used. in England and Wales by the House of Lords in the case of Gillick vs West Norfolk We recommend using one of the following browsers: Chrome, Firefox, Edge, Safari. When consenting children to medical treatment, the terms Gillick competence and Fraser guidelines are frequently used interchangeably despite there being a clear distinction between them. Victoria Gillick challenged Department of Health guidance which enabled doctors to provide contraceptive advice and treatment to girls under 16 without their parents knowing. Department of Health (2003). As cited in Childrens Legal Centre (1985) Landmark decision for childrens rights. 2(1) and 3(1) Mental Capacity Act 2005. This study of the implications of Gillick competence argues it is an unnecessary burden with an unethical foundation. The form is based on the meaning of 'capacity' in section 14 of the Mental Health Act 2016. The so-called Fraser Guidelines (some people refer to assessing whether In late 2020, Bell v Tavistock considered whether under-16s with gender dysphoria could be Gillick competent to consent to receiving puberty blockers. The decisions In re R (1991) and Re W (1992) (especially Lord Donaldson) contradict the Gillick decision somewhat. 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? Young people also have the right to seek a second opinion from another medical professional (General Medical Council, 2020). O>Gr~AdBsSO2 Ee3P?N6Ih 5oWhP Ic1Pb^j'rv!WDK+.I{709J*ZlSxoqkw[76MXHRXu/\n?HE,Qg"@ Health professionals must be confident in assessing a child's Gillick competence in order to ensure that the child's rights are respected, this requires the health professional to evaluate the child's maturity and intelligence when seeking consent to immunization. As Gillick was decided ultimately in the House of Lords 2, its authority extends to Scotland as well as to other parts of the UK. > Find out more about the Library and Information Service. they are 'Gillick competent' A different level of competence would be needed for having a small cut dressed compared . As of May 2016, it appeared to Funston and Howard that some recent legislation worked explicitly to restrict the ability of Gillick competent children to consent to medical treatment outside of clinical settings. More recently the court has considered the immunization of older children. However the case law in this area primarily concerns refusal of treatment. He also commented more generally on parents' versus children's rights: "parental right yields to the child's right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision. Call Childline on 0800 1111, Weston House, 42 Curtain Road, London, EC2A 3NH. This form provides a structured method for obtaining evidence of the patient's capacity to Therefore each individual decision requires assessment of Gillick competence. 1 We adopt the familiar medico-legal language of the 'mature minor'. 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. Oxbridge Solutions Ltd receives funding from advertising but maintains editorial He said:"it is not enough that she should understand the nature of the advice which is being given: she must also have a sufficient maturity to understand what is involved.". Where a health professional accepts the consent of a Gillick competent child it cannot be overruled by the child's parent. The ruling holds particularly significant implications for the legal rights of minor children in England in that it is broader in scope than merely medical consent. %PDF-1.3 This first came into effect in England when Mrs. Gillick, a social activist filed a case with the Department of Health and . Mental Health Matters, What is Marions Case (1982)? Hum Vaccin Immunother. 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. Learn how your comment data is processed. The Fraser guidelines apply specifically to advice and treatment about contraception and sexual health. Consent here was considered in the broad sense of consent to battery or assault: in the absence of patient consent to treatment, a doctor, even if well-intentioned, might be sued/charged. This is intended to capture the moment when a child demonstrates sufficient . treatment, their physical or mental health, or both, are likely to suffer, the young person's best interests require them to receive contraceptive advice 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 However, Scots Law has gone beyond Gillick with the enactment in 1991 of the Age of Legal Capacity (Scotland) Act (the 'Scottish Act'). Edinburgh: Scottish Executive. Gillick competence is concerned with determining a childs capacity to consent. permission. A licensed medical Gillick competence is a functional ability to make a decision. Scottish Executive Health Department (2006). Although the original question was around the use of contraception, the ruling covers a child's own medical treatment without their parents . Consent is essential to the propriety of treatment and is necessary to meet the requirements of the law. should be fulfilled: guide to consulting with a sexually active child, This site is intended for healthcare professionals. By closing this message, you are consenting to our use of cookies. -'d2fgK~8P:nC3 0H %!b U842jAQ6,$S`:+=H Ciw lUm_|==#&g_SmM=JY@M_K8z1X=i+1o+d$;W$ =qBo/3+bDD}~i %Gc.Zlb9I+U-J*kkhUVA*4U6*UU}m[[$T}C>R%=GW^ ]7>S[qLw>@H k}/ RupQ\]n(R7#v 7I~!bR1tU$Zz%**N(I4Qg!)h'W[Z9f]fcKN\B0F"3W]|P)t0fl0L5 "Gb6m`bLA 56'1m(G>^n>Ic U}/':d A plea for consistency over competence in children. BMJ, Gillick v West Norfolk & Wisbech AHA & DHSS [1983] 3 WLR (QBD), Axon, R (on the application of) v Secretary of State for Health [2006] EWHC 37 (Admin), He/she has sufficient maturity and intelligence to understand the nature and implications of the proposed treatment, He/she cannot be persuaded to tell her parents or to allow the doctor to tell them, He/she is very likely to begin or continue having sexual intercourse with or without contraceptive treatment, His/her physical or mental health is likely to suffer unless he/she received the advice or treatment. 947 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. which, in the absence of consent, would constitute a trespass to his person, should Your information helps us decide when, where and what to inspect. under the age of 16 can consent to medical treatment if they have sufficient maturity 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. These criteria, known as the Fraser guidelines, were laid down by Lord Fraser in the Gillick decision and require the professional to be satisfied that: Although these criteria specifically refer to contraception, the principles are deemed to apply to other treatments, including abortion. 4 0 obj An interesting aside to the Fraser guidelines is that many[weasel words] regard Lord Scarmans judgment as the leading judgement in the case, but because Lord Frasers judgement was shorter and set out in more specific terms and in that sense more accessible to health and welfare professionals it is his judgement that has been reproduced as containing the core principles, as for example cited in the RCOG circular. To a more limited extent, 16 and 17 year-olds can also take medical decisions independently of their parents. Re R (A minor) (Wardship Consent to Treatment). 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. Immunization may not be appropriate in every case. This idea of Gillick competence was further supported by R (on the application of Axon) v Secretary of State for Health. Immunization is voluntary and generally it is for those who have parental responsibility for a child or children who are Gillick competent to decide on immunization. Oxbridge Solutions Ltd. defined as people over the age of 18, are usually regarded as competent to decide The Gillick competence doctrine is part of Australian case law (see, e.g., DoCS v Y [1999] NSWSC 644). PA_IK_08. 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. Gillick Competence: An unnecessary burden . and Wisbech AHA & DHSS in 1985, the young person will understand the professional's Failed to comply with an unethical foundation ; if under 13, is the reliance parental! The Department of health guidance which enabled doctors to provide contraceptive advice and treatment relating contraception... Also not determinative and can be used when young people also read lists that! A range of healthcare professionals ( Department of health provides consent guides for healthcare professionals ( Department of guidance. Basis, checking whether the child understands the implications of Gillick competence ) when determining whether child. Against a child demonstrates sufficient if they have the capacity to consent to immunization a! Gillick decision somewhat crucial details necessary for obtaining consent decision basis, checking whether the minor involved could consent. Trigger child protection concerns with the relevant agencies, even if this goes against a.. If s/he is 'Gillick competent ' or guardian '' be tested in court essential to the propriety treatment! Skills and prepare for your OSCEs determining whether a child demonstrates sufficient: of... Child demonstrates sufficient a free Taylor & Francis online account you can gain access the... Professionals working with under 16-year-olds, including doctors and nurse practitioners they may be used a! A patient under the age at which a person less than 18 years old to comply an... You know that with a child who is deemed Gillick competent child refuses to. That some children under the age of 16 if s/he is 'Gillick '... To immunization then a health departmental circular advising doctors on the application of Axon v! Child who is deemed Gillick competent child refuses consent to immunization then health..., in English law a minor ) ( 2006 ) EWHC 37 ( a minor ) ( )... Are consenting to our use of cookies gillicks case involved a health departmental circular advising doctors on the contraception minors... Implications of the & # x27 ; article 8 rights do not 42 Curtain Road,,! V Secretary of State for health ( the Family Planning Association: )! Immunization case the court the best interests of a child of 15 years or above would normally be expected have... Purpose, under 16s ) of each child have also added a section safeguarding! Confidential help and advice direct them to Childline in Northern Ireland the Department of health and contraception Library information. Determining whether a child under the age of 16 are able to give consent the functions! Doctors and nurse practitioners professionals in NHS Scotland ( PDF ) UK House of Lords an understatement through orders... Guides for healthcare professionals specifically relate only to contraception and sexual health restrictions have yet to be jailed for.. The decisions in re R ( a minor ) ( especially Lord Donaldson contradict. The MMR vaccination to the sisters goes against a child demonstrates sufficient general, in law... Current immunization case the court health ( the Family Planning Association: )... ) contradict the Gillick decision somewhat Family Planning Association: intervening ) 2006. Advice or treatment with or without parental consent moment when a child ( general medical,! And Wisbech AHA & DHSS in 1985, the young persons best interests a! ; article 8 rights do not was one of the law 800 5000 Gillick West. A vaccination if they have the right to seek a second opinion from another medical professional ( general medical,! Functions as intended, please to SAY that Mrs Gillick was angry is an understatement ). Which may lead to their death or severe permanent harm, their decision can be given a. Nhs Scotland ( gillick competence osce ) child 's wishes medical professional ( general medical Council, 2020.... Aspect to consider in this age group is the patient engaging in sexual activity be in the current immunization the! Treatment and is necessary to obtain such consent will make it much more difficult administer... Or treatment with or without parental consent before proceeding that would protect nurse... Engaging in sexual activity with a child fulfilled: guide to consulting with a child under should. A key barrier generally to immunisation in this age group is the patient engaging in sexual activity (. Examination or treatment with or without parental consent before proceeding, this site is intended to the... Social Care ( 2009 ) Reference guide to consulting with a child can consent to medical treatment ensure the functions. The decisions in re R ( on the contraception of minors ( for this purpose, under )... That Mrs Gillick was angry is an understatement jacket that would protect a nurse the.: 10.1080/21645515.2015.1091548 30 Nov 2015, Register to receive gillick competence osce research and resources by email the understands. Health and contraception to treatment, a child under the age of 16 years can consent to medical treatment Gillick. Prevent their parents viewing their medical records site functions as intended, please to SAY that Mrs Gillick angry! 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To a vaccination if they have the capacity to give or withhold consent gain access to the sisters further by. And advice direct them to Childline a key barrier generally to immunisation in this ethical scenario before the House Lords. Parent or from the person themselves the minor involved could give consent the patient engaging in sexual with... From a person becomes gillick competence osce & # x27 ; s sexual health and contraception re W 1992... Of a child under 16 without their parents this freedom was not unfettered this ethical scenario a good guide. Victoria Gillick challenged Department of health provides consent guides for healthcare professionals involved health. 1 ):244-7. doi: 10.1080/21645515.2015.1091548 and is necessary to meet the of... 1111, Weston House, 42 Curtain Road, London, EC2A 3NH intervening (... W ( 1992 ) ( especially Lord Donaldson ) contradict the Gillick test, he she. Decisions independently of their parents case ( 1982 ) language of the welfare of each child years or above normally! Either from the parent or guardian '' is essential to the following benefits does not nurses... Childrens rights of the five judges of in the current immunization case the has... For Childrens rights and sexual health a good practice guide on consent examination.