Children's Capacity/Rights Cases

Question 1

Gillick v west Norfolk and Wisbech area health authority 1986

Answer 1

Mother had 5 daughters under 16
Sought a declaration from the court that it would be unlawful for the Doctor to prescribe contraception for her daughters without her knowledge or consent
Court denied this
Lords said that in giving the girls the contraception the doctor must ensure they have sufficient intelligence and understanding
The gillick test
(Courts tend to respect autonomy of nature young people re medical consent)

Question 2

Houston, applicant 1996

Answer 2

Capacity to refuse consent