their understanding of any alternative options, if available.how well they understand any advice or information they have been given.their understanding of the risks, implications and consequences that may arise from their decision.their understanding of the issue and what it involves - including advantages, disadvantages and potential long-term impact.the child's age, maturity and mental capacity.Professionals need to consider several things when assessing a child's capacity to consent, including: There is no set of defined questions to assess Gillick competency. There is specific guidance for medical professionals on using Gillick competence - see case history and legislation. 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. 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. has strong wishes about their future living arrangements which may conflict with their parents' or carers' views.is seeking confidential support for substance misuse.would like to have therapeutic support but doesn't want their parents or carers to know about it.Gillick competency applies mainly to medical advice but it is also used by practitioners in other settings. The following information looks at how this can be applied in practice. If the young person still wants to go ahead without their parents' or carers' knowledge or consent, you should consider the Gillick and Fraser guidelines. For example, you could talk to the young person's parents or carers on their behalf.
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.
You should always encourage a child to tell their parents or carers about the decisions they are making. But Gillick competency is often used in a wider context to help assess whether a child has the maturity to make their own decisions and to understand the implications of those decisions. The Fraser guidelines still apply to advice and treatment relating to contraception and sexual health. Applying Gillick competence and Fraser guidelines 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'.Īlthough the two terms are frequently used together and originate from the same legal case, there are distinct differences between them.īoth 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. 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.
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