Gillick Competence/Fraser criteria

Question 1

What is Gillick competence?

Answer 1

A legal principle that allows children under 16 to consent to their own medical treatment if they have sufficient intelligence, maturity, and understanding to fully appreciate what is involved

Question 2

What is Fraser guidance?

Answer 2

Specific criteria derived from Lord Fraser’s judgment in the Gillick case, applying only to contraceptive and sexual health advice or treatment for under-16s without parental consent

Question 3

When to raise safeguarding concerns for contraception advice in children

Answer 3

Children age under 13 years

Question 4

What are the Fraser criteria for providing contraceptive advice or treatment to under-16s without parental consent?

Answer 4

The young person understands the advice and treatment offered.

They cannot be persuaded to involve their parents or carers.

They are likely to continue having sexual intercourse.

Without the advice or treatment, their physical or mental health is likely to suffer.

The advice or treatment is in their best interests.

Question 5

When should you raise safeguarding concern regarding contraception for children, and who do you report to?

Answer 5

1. Sexual activity with child under < 13
2. Sexual activity for children 13-15 with a partner of large age gap
3. Sexual activity for children 13-15 with a partner of a trust, e.g teacher
4. Child of any age who is high risk of victim of rape/abuse

Question 6

what criterias deemed to be fully Gillick competence?

Answer 6

1. Be able to understand and retain the information pertinent to the decision to their care
2. Be able to use info to consider the risks and benefits of conseting for the intervention offered
3. Be able to communicate their wishes