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Goodbye Gillick? Identifying and resolving Problems with the Concept of Child Competence

Cave, Emma

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Abstract

The landmark decision of Gillick v West Norfolk Area Health Authority was a victory for advocates of adolescent autonomy. It established a test by which the court could measure children's competence with a view to them authorising medical treatment. However, application of the test by clinicians reveals a number of ambiguities which are compounded by subsequent interpretation of Gillick in the law courts. What must be understood by minors in order for them to be deemed competent? At what point in the consent process should competence be assessed? Does competence confer on minors the authority to refuse as well as to accept medical treatment? These are questions which vex clinicians, minors and their families. A growing number of commentators favour application of parts of the Mental Capacity Act 2005 to minors. In this paper, the limitations of this approach are exposed and more radical reform is proposed.

Citation

Cave, E. (2014). Goodbye Gillick? Identifying and resolving Problems with the Concept of Child Competence. Legal Studies, 34(1), 103-122. https://doi.org/10.1111/lest.12009

Journal Article Type Article
Online Publication Date Jan 2, 2018
Publication Date Mar 1, 2014
Deposit Date Jul 10, 2013
Publicly Available Date Feb 25, 2014
Journal Legal Studies
Print ISSN 0261-3875
Electronic ISSN 1748-121X
Publisher Cambridge University Press
Peer Reviewed Peer Reviewed
Volume 34
Issue 1
Pages 103-122
DOI https://doi.org/10.1111/lest.12009
Public URL https://durham-repository.worktribe.com/output/1450107

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Copyright Statement
This is the peer reviewed version of the following article: Cave, E. (2014), Goodbye Gillick? Identifying and resolving problems with the concept of child competence. Legal Studies, 34 (1): 103–122, which has been published in final form at http://dx.doi.org/10.1111/lest.12009. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.






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