Gillick competence originated in the UK, and is used to decide whether a child under the age of sixteen is able to make informed decisions and consent to their medical treatment without the need for approval or consent from parents. In fact, if a child is Gillick competent, their parents do not even need to be informed about the treatment which will take place. By UK law, over eighteens are considered adults able to make informed decisions; sixteen and seventeen year olds are still considered minors, but it is assumed that they are able to make decisions about their own health. Gillick competence is therefore only applicable in the under sixteens, where there is a question mark as to whether a child is able to make informed decisions.
The Fraser Guidelines are a set of rules which specifically are only applicable to contraception and sexual health in the under sixteens. They are used to tackle whether to give contraception/ sexual health advice without parental consent. The guidelines are:
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In general, questions directly addressing Gillick Competence are rare. The concept of Gillick Competence is, however, a useful tool to demonstrate to interviewers that you are aware of issues surrounding consent. Therefore, to answer questions involving consent, the principles of medical ethics must once again be used to build a strong and balanced argument. Taking the example above about the pregnant 13-year-old, it would be important to show a clear understanding that there are arguments for and against using the Gillick test, but in this situation, this is the best course of action in order to maintain confidentiality. This ties in with patient autonomy, as, if the she passes the Gillick test, then she is considered competent enough to have autonomy over her treatment. The factors of beneficence and non-maleficence must also be considered, however, as if the girl comes from a highly orthodox family, then this may not be tolerated and the outcomes may be worse by informing the parents. In this way, different principles must be considered and then used to structure a coherent answer.
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