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Published byMilo Craig Modified over 9 years ago
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Understand Retain Process Communicate Capacity?
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Capacity Information Voluntariness 3 things for valid consent?
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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?
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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."
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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.“
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Gillick Comepence The child must have: - Understanding and intelligence BUT ALSO maturity to understand what’s involved.
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“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
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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,
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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
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http://www.nspcc.org.uk/preventing-abuse/child- protection-system/legal-definition-child-rights- law/gillick-competency-fraser-guidelines/ http://www.nspcc.org.uk/preventing-abuse/child- protection-system/legal-definition-child-rights- law/gillick-competency-fraser-guidelines/
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