In England, Wales and Northern Ireland, a child is defined as a young person from birth until their 18th birthday. In Scotland, a child is defined as a young person from birth until their 16th birthday, but statutory laws and guidance about welfare and safety apply until the young person’s 18th birthday, although agencies will consult about issues concerning a 17 or 18-year-old to ascertain the best support structure.

In all cases, even if the young person is not living at home, or if they are working, for example in the Armed Forces, they are still regarded as a child for all welfare and legal reasons.

The UN Convention on the Rights of the Child (UNCRC) which came into force in 1992 in the UK defines the rights of every child in the world to 

• Survive
• Grow
• Participate
• Fulfil their potential

All devolved governments in the UK accept this convention.

Gillick Competence

In 1983, in a challenge to Department of Health guidelines to allow GPs to provide contraceptive advice and treatment to girls under 16 without their parent’s knowledge or consent, Victoria Gillick led a legal campaign to get this changed. The resulting judgement provided criteria for the establishment of whether or not a child has the capacity and competence to consent and understand a potential treatment

If the young person passes this test, then they are considered ‘Gillick competent’ as long as their consent is given without any pressure or influence from another party. This is the case with adults as well.

If the young person fails this test, then parents, or adult guidance, or sometimes the court takes responsibility for the decision.

Competence is tested through

• the child’s age, maturity and mental capacity
• their understanding of the issue and what it involves – including advantages, disadvantages and potential long-term impact
• their understanding of the risks, implications and consequences that may arise from their decision.

The Fraser guidelines

These guidelines cover a similar area of responsibility but only relate to contraception and sexual health. They were proposed by Lord Fraser in 1985 who was part of the group responsible for the Gillick competence judgement. He saw a need to make a specific judgement on the issue of giving contraception and treatment and/or advice to children under 16 without parental consent.

The judgement gives permission for under 16s to be given advice, treatment and contraception as long as it is in the young person’s best interest or if the young person 

•  has sufficient maturity and intelligence to understand the nature and implications of the proposed treatment
•  cannot be persuaded to tell her parents or to allow the doctor to tell them
•  is very likely to begin or continue having sexual intercourse with or without contraceptive treatment
• Has  a physical or mental health condition that is likely to become more serious unless he/she received the advice or treatment

Quiz

Don’t worry if you do not get all the answers to this quiz correct the first time. Your score does not affect your overall assessment mark but do ensure that you go back to see the correct answer if you do get any wrong.