When a child under 16 wants to make their own medical decisions against your wishes, the complex principle of Gillick Competence applies. Our expert child law solicitors provide clear advice to parents on their rights and the child's welfare.
Gillick competence is a legal test used to decide whether a child under 16 has the maturity and intelligence to consent to their own medical treatment, without the need for parental permission. It is a complex and sensitive area of law where a child's welfare is the court's paramount consideration.
For a child to be "Gillick competent," a medical professional must be satisfied that they can:
If you disagree with a doctor's assessment or the other parent about your child's treatment, we can help you:
Disputes over a child's medical treatment are profoundly sensitive. Our approach is to provide calm, clear, and non-judgmental legal advice, ensuring the focus remains on your child's welfare while robustly representing your parental position and concerns.
The Fraser Guidelines are a specific part of the Gillick competence test related to contraceptive advice. They state that a doctor can provide contraceptive advice to a girl under 16 without parental consent, provided certain criteria are met, including that she understands the advice and is likely to begin or continue having sexual intercourse with or without contraception.
If a child is deemed Gillick competent, they can legally consent to their own treatment, and a parent cannot override that consent. However, a parent can challenge the assessment of competency itself by applying to the court if they believe the decision was wrongly made and is not in their child's best interests.
Parental Responsibility is the legal rights and duties you have as a parent. While a Gillick competent child can consent for themselves, a parent with Parental Responsibility can also still consent on their behalf. If the child and parent disagree, the court may need to intervene to resolve the dispute.
Disputes over a child's medical consent are complex and highly sensitive. Contact our specialist family solicitors for a confidential consultation to understand your rights and protect your child's welfare.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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