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

Cave, Emma

doi:10.1111/lest.12009

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

Cave, Emma

Authors

Professor Emma Cave emma.cave@durham.ac.uk
Professor

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

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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.