Concepts
Ethics, law & frameworks/Capacity & consent · Children

Gillick competence

What it means

A child UNDER 16 can consent to their OWN medical treatment if they have sufficient maturity and intelligence to fully understand what is proposed (Gillick competent). Competence is decision-specific. A Gillick-competent child's consent is valid without parental involvement — but, unlike an adult, a competent child's REFUSAL of life-saving treatment can be overridden by a person with parental responsibility or the court.

Worked example

A mature 15-year-old who fully understands a proposed treatment can consent to it herself; but if she refused life-saving treatment, that refusal could be overridden — the asymmetry is key.

In the exam

A 15-year-old who clearly understands a proposed treatment wants it without telling her parents; the doctor assesses whether she has sufficient understanding to consent herself.

What settles it

Gillick = general competence to CONSENT under 16; FRASER guidelines are the specific criteria for providing CONTRACEPTION/sexual-health advice to under-16s.

Classically confused with

Fraser guidelines

Source: Gillick v West Norfolk 1985