  Understand  Retain  Process  Communicate Capacity?

  Capacity  Information  Voluntariness 3 things for valid consent?

  The young person (if 16 or over assumed to have capacity)  The child under 16 if Gillick competent (capacity must be demonstrated)  Someone with parental responsibility  The Court Consent for a child?

 English law and minors’ consent Gillick v West Norfolk and Wisbech Health Authority 1983 Lord Scarman: " Parental right yields to the child’s right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision."

 English law and minors’ consent Gillick v West Norfolk and Wisbech Health Authority 1983 Lord Woolf "...whether or not a child is capable of giving the necessary consent will depend on the child’s maturity and understanding and the nature of the consent required. The child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent.“

 Gillick Comepence The child must have: - Understanding and intelligence BUT ALSO maturity to understand what’s involved.

 “The doctor will, in my opinion, be justified in proceeding without the parents' consent or even knowledge provided he is satisfied on the following matters: 1. that the girl (although under 16 years of age) will understand his advice; 2. If he cannot persuade her to inform her parents or to allow him to inform the parents that she is seeking contraceptive advice; 3. that she is very likely to begin or to continue having sexual intercourse with or without contraceptive treatment; 4. that unless she receives contraceptive advice or treatment her physical or mental health or both are likely to suffer; 5. that her best interests require him to give the contraceptive advice, treatment or both without the parental consent.” Fraser Guidelines: Specific to contraception, abortion and STI

 Sexual Offences Act 2003  A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—  (a)protecting the child from sexually transmitted infection,  (b)protecting the physical safety of the child,  (c)preventing the child from becoming pregnant, or  (d)promoting the child’s emotional well-being by the giving of advice,

  3 things for consent: Capacity, information voluntariness  4 things for capcity: Understand, retain, process, communicate  Consent for a child: Child if 16+, Child if 16- and gillick competent, parental resp, court  Gillick competence: understanding/intelligence AND maturity  Fraser guidelines: 5 guidelines  Sexual offence act (maybe ???) To Learn

  protection-system/legal-definition-child-rights- law/gillick-competency-fraser-guidelines/ protection-system/legal-definition-child-rights- law/gillick-competency-fraser-guidelines/