Gillick & Fraser Summary

Legal Framework

  • 18+: Full autonomy
  • 16-17: Presumed capacity
  • <16: Gillick competence
  • Age ≠ capacity predictor

Gillick Competence

  • General medical treatment
  • Sufficient understanding required
  • Decision-specific assessment
  • Voluntary consent essential

Fraser Guidelines

  • Sexual health specific
  • 5 criteria must be met
  • Parental involvement encouraged
  • Confidentiality considerations

Under 13 Special Rules

  • No legal consent to sex
  • Child protection mandatory
  • Statutory rape applies
  • Parental involvement expected

Documentation

  • Assess competency
  • Document Fraser criteria
  • Record decision rationale
  • Note confidentiality discussions

Gillick Competency & Fraser Guidelines

Legal framework for assessing children's capacity to consent to medical treatment

Age of Consent in UK Law

Legal Age Boundaries

  • 18th birthday: Full autonomy in healthcare (Children Act 1989)
  • 16-17 years: Can take medical decisions independently
  • Under 16: Right to consent proportionate to competence
  • Age alone is unreliable predictor of decision-making capacity

Age-Based Consent Framework

Age of Consent Flowchart

Visual representation of consent capacity by age group

Gillick Competency

Historical Context

Victoria Gillick challenged Department of Health guidance in 1983, leading to the establishment of criteria for assessing children's capacity to consent to medical treatment.

The Gillick Test

Assessment Criteria

  • Sufficient understanding and intelligence
  • Understands treatment purpose and nature
  • Comprehends likely effects and risks
  • Understands chances of success
  • Aware of available alternatives

Key Principles

  • Consent must be voluntary
  • No undue influence or pressure
  • Capacity is decision-specific
  • Competence can fluctuate
  • Each decision requires assessment

Gillick Competence Assessment Process

Gillick Assessment Flowchart

Step-by-step process for assessing Gillick competence

If Child Lacks Gillick Competence

  • Consent from person with parental responsibility required
  • Court authorization may be needed
  • Child's best interests remain paramount
  • Child should be involved in decision-making as much as possible

Fraser Guidelines

Specific Application

Fraser guidelines apply specifically to contraception and sexual health advice for under 16s, extending to STI treatment and termination of pregnancy following 2006 case law.

The Five Fraser Criteria

1. Understanding & Maturity

  • Sufficient maturity and intelligence
  • Understands nature of proposed treatment
  • Comprehends implications
  • Age-appropriate understanding

2. Parental Involvement

  • Cannot be persuaded to inform parents
  • Will not allow practitioner to inform parents
  • Parental communication attempted
  • Young person's wishes respected

3. Sexual Activity Likelihood

  • Very likely to begin sexual activity
  • Likely to continue without protection
  • Realistic assessment of behavior
  • No moral judgement imposed

4. Health Consequences

  • Physical health likely to suffer
  • Mental health likely to suffer
  • Without contraceptive advice/treatment
  • Evidence-based assessment

5. Best Interests

  • Best interest requires treatment
  • Without parental consent
  • Welfare paramount consideration
  • Professional judgement applied

Fraser Guidelines Decision Pathway

Fraser Guidelines Flowchart

Comprehensive flowchart for applying Fraser guidelines

Age-Specific Considerations

Under 13 Years

  • No lower age limit for Gillick competence
  • Rarely appropriate without parental involvement
  • No legal capacity to consent to sexual activity
  • Statutory rape applies to sexual activity
  • Mandatory child protection involvement
  • Parental notification typically required

Under 16 Years

  • Gillick competence assessment required
  • Fraser guidelines for sexual health
  • Legal age of consent to sex is 16
  • Sex under 16 is offence (even if consensual)
  • Confidentiality with limits
  • Child protection considerations

16-17 Years

  • Presumed capacity to consent
  • Can make independent medical decisions
  • Refusal can be overridden in certain circumstances
  • Best interests override autonomy
  • Life-threatening situations exception
  • Severe harm prevention justification

Clinical Application & Documentation

Assessment Process

Competence Assessment

  • Explore understanding of treatment
  • Assess comprehension of consequences
  • Evaluate ability to weigh options
  • Check for undue influence
  • Consider emotional maturity

Confidentiality Discussion

  • Explain confidentiality limits
  • Discuss child protection scenarios
  • Encourage parental involvement
  • Document discussion
  • Record young person's views

Documentation Requirements

Element Documentation Required
Gillick Assessment Evidence of understanding, reasoning, and voluntary consent
Fraser Criteria Documentation of all 5 criteria being met or not met
Confidentiality Discussion of limits and young person's response
Parental Involvement Attempts to involve parents and young person's wishes
Best Interests Rationale for decision in young person's best interests
Child Protection Consideration and any actions taken regarding safeguarding

Comprehensive Clinical Decision Pathway

Clinical Decision Pathway

Complete clinical pathway from presentation to treatment decision

Comparison: Gillick vs Fraser

Aspect Gillick Competence Fraser Guidelines
Scope All medical treatment Sexual health only
Legal Basis Common law principle Specific case law extension
Assessment Focus General capacity and understanding Specific criteria for sexual health
Parental Involvement Encouraged but not mandatory Specifically addressed in criteria
Documentation Capacity assessment evidence All 5 criteria must be documented
Application Broad healthcare decisions Contraception, STIs, termination

Key Practice Points

  • Use Gillick for general medical treatment decisions
  • Apply Fraser specifically for sexual health matters
  • Document assessments thoroughly
  • Consider child protection in all under-16 cases
  • Seek senior advice when uncertain
  • Follow local safeguarding protocols