Gillick competence is concerned with determining a child's capacity to consent. 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 Fraser guidelines outline the scenario in which advice can be given to an under 16 about contraception and sexual health without parental consent. The five points are. Is the child mature and intelligent enough to understand the nature and implications of the treatment proposed?
For a child to be Gillick competent, he or she must have “sufficient understanding and intelligence to enable him or her to understand fully what is proposed”. It's assessed on a case by case basis, depending on the type of medical treatment proposed.
The legal test used to determine if a child is capable of giving consent is when he or she “achieves a sufficient understanding and intelligence to enable him or her to understand fully what is proposed”. This is referred to as 'Gillick competent' or a 'mature minor'.
The notion of Gillick competency is often summarised with reference to Lord Scarman's reasoning, which allows minors to make decisions about their own medical treatment when they attain 'sufficient understanding and intelligence to enable [them] to understand fully what is proposed'.
Gillick competence is concerned with determining a child's capacity to consent. Fraser guidelines, on the other hand, are used specifically to decide if a child can consent to contraceptive or sexual health advice and treatment.
A child younger than 14 may be competent to consent to treatment . Conversely, a child aged 16 or over may lack competence . Health practitioners need to make an assessment of competency to consent for all young people aged under 18 years (or 16 years in South Australia) .
Generally, a child under the age of 18 years is assessed as being a 'mature minor' if they fully comprehend the nature, consequences and risks of the proposed action, irrespective of the presence or absence of parental consent.
If a child or young person is assessed as Gillick competent, they can make their own medical decisions and doctors are not required to notify a parent or carer, however, the parent or carer may be aware of the situation and be providing support to the child.
For example, initially the American Board of Internal Medicine distinguished between four different dimensions of clinical competence, whereby problem solving was the core aspect: (1) abilities (i.e., knowledge, technical skills, and interpersonal skills), (2) problem solving skills (i.e., data- gathering and diagnoses ...
To be considered competent to give informed consent, a person must be able to evidence a choice regarding the decision at hand. The choice need not be expressed verbally, but a patient must be able to communicate in some fashion (such as eye blinking or handwritten communication).
Understanding of information relevant to the decision in question. Ability to weigh risks and benefits, and to assess alternative options. Communicate clearly with medical providers about the decision in question, and verbalize the ultimate decision. Consistency of logic and decision-making throughout the encounter.
Contraception services are free and confidential, including for people under the age of 16. If you're under 16 and want contraception, the doctor, nurse or pharmacist won't tell your parents or carer, as long as they believe you fully understand the information you're given and the decisions you're making.
This law and the resulting guidelines apply to the British situation, only. They have no legal validity in Ireland. Subsequently, guidance has been issued for UK doctors on judging the Gillick competence of a child (The Fraser guidelines - detailed in the Appendix).
Gillick competence in children
The doctor has to assess and come to a judgement that the minor who is aged 14 or above has sufficient understanding and intelligence to enable him to understand the proposed procedure and its consequences. If so, the minor's consent can be accepted as valid.
The child's capacity to consent will need to be assessed carefully in relation to each decision to be made. If a Medical Practitioner assesses a Minor as Gillick competent (also known as a Mature Minor) and the Minor can give valid consent, then the consent of the parent or guardian will not be required.
Children under 18 cannot legally refuse to see a parent following divorce or separation. Children under 18 will be bound to the co-parenting arrangements made by their parents, set out in Consent Orders, and endorsed by the courts.
If you are 16 years old and above, you can legally have sex (or do another sexual activity) with another person who is 16 years or older as long as you both agree to it.
In legal terms, it is referred to as a defence of infancy. All states and self-governing territories of Australia have adopted 10 years of age as a uniform age of criminal responsibility. As of October 2022, some jurisdictions have made moves towards raising the age to 12 or 14.
The Act states that a child 16 years and over can consent to their own medical treatment as validly as if an adult.
The lowest age of consent is in Nigeria (11) followed by the Philippines and Angola (12). The age of consent is 13 in three countries – Niger, Comoros and Burkina Faso. The countries where the age of consent is 14 include a number of South American countries: Brazil, Colombia, Peru, Paraguay, Ecuador, and Bolivia.
Section 25 of the Criminal Code 2002 (ACT) currently provides that a child under 10 years old is not criminally responsible for an offence, and section 26 states that a child aged 10 years or older, but under 14 years old, can only be criminally responsible for an offence if the child knows that his or her conduct is ...