Gillick competence is a term originating in England and is used in medical law to decide whether a child (16 years or younger) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge.
The standard is based on a decision of the House of Lords in the case Gillick v West Norfolk and Wisbech Area Health Authority[1985] (1985) 3 All ER 402 (HL). The case is binding in England and Wales, and has been approved in Australia, Canada and New Zealand. Similar provision is made in Scotland by The Age of Legal Capacity (Scotland) Act 1991. In Northern Ireland, although separate legislation applies, the then Department of Health and Social Services Northern Ireland stated that there was no reason to suppose that the House of Lords' decision would not be followed by the Northern Ireland Courts. (Wikipedia)
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Gillick (A.P.) (Respondent)
v.
v.
West Norfolk and Wisbech Area Health Authority and the
Department of Health and Social Security (Appellants)
Department of Health and Social Security (Appellants)
(England)
JUDGMENT
Die Jovis 17° Octobris 1985
The main question in this appeal is whether a doctor can
lawfully prescribe contraception for a girl under 16 years of age,
without the consent of her parents. The second appellant, the
Department of Health and Social Security ("the D.H.S.S.")
maintains that a doctor can do so. The respondent, Mrs. Gillick,
maintains that he cannot. The first appellant, West Norfolk and
Wisbech Area Health Authority, was not represented when the
appeal reached this House, but in the Court of Appeal they were
represented by the same counsel as the D.H.S.S.
without the consent of her parents. The second appellant, the
Department of Health and Social Security ("the D.H.S.S.")
maintains that a doctor can do so. The respondent, Mrs. Gillick,
maintains that he cannot. The first appellant, West Norfolk and
Wisbech Area Health Authority, was not represented when the
appeal reached this House, but in the Court of Appeal they were
represented by the same counsel as the D.H.S.S.
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