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Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.
A diagnosis of (for example) dementia, or a learning difficulty, does not necessarily mean the person lacks capacity. A mental capacity assessment should take place when there is an impairment of, or disturbance in the functioning of a person's mind or brain and a decision that needs to be made.
The case was related to Gillick competence, the legal principle governing under what circumstances under-16s can consent to medical treatment in their own right. By contrast, people aged 16 or older were presumed to have the ability to consent to medical treatment ( Gillick did not apply).
Victoria D. M. Gillick (née Gudgeon; born 1946, in Hendon) is a British activist and campaigner best known for the eponymous 1985 UK House of Lords ruling [1] that considered whether contraception could be prescribed to under-16s without parental consent or knowledge.
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In its judgments, the Family Court assessed the child's Gillick competence; in other words, whether the child was in a position to consent to the treatment by fully understanding its nature, effects and risks. [82] If the Court found the child to be Gillick-competent, the child's wishes had to be respected.