Gillick competence and Fraser guidelines Flashcards
What is the Gillick test?
Used to judge capacity in children, to consent to medical treatment. Parent’s assent should be gained whenever possible.
How should you judge competency in 0-15 year olds and 16-17 year olds?
0-15: competency always requires assessment. Young people have the right to consent to treatment but not to refuse treatment if it was to put their health in serious jeopardy.
16-17: assumed competent to give consent. They can refuse treatment, If they give informed refusal - it is accepted. In some circumstances, refusal can be overridden by person with parental responsibility. Phone legal team. Encourage young person to talk to their parent, but a competent child has the right to confidentiality.
Where does parental responsobility lie?
Automatic:
- mother.
- Father if they are married to mother at time of conception or birth. Father maintains the responsobility if the parents divorce.
- Acquired if unmarried fathers who are named on the birth certificate or arranged in courts.
- Surrogacy, the surrogate mother has parental responsibility until intended parents adopt or obtain court order
What do Fraser guidelines relate to?
Relate to contraception and sexual health.
What are the 5 key principles in Fraser guidelines?
1) He/She has sufficient maturity and intelligence to understand the nature and implications of the proposed treatments.
2) He/She cannot be persuaded to her parents or to allow the doctor to tell them
3) He/She is very likely to begin or continue having sexual intercourse with or without contraceptive treatment
4) His/Her physical or mental health is likely to suffer unless he/she received the advice or treatment
5) The advice or treatment is in the young person’s best interests
Who is considered a child?
under age of 18. But 16-18 is more blurry.
