Gillick competency and Fraser guidelines

The Mental Capacity Act (2005) represents a cornerstone in UK law, designed to protect and empower individuals aged 16 years and over in making their own decisions. Yet, within this framework, there exist notable exceptions aimed at safeguarding younger individuals while respecting their maturity and autonomy. Central to this nuanced approach are the concepts of 'Gillick Competency' and the 'Fraser Guidelines', both stemming from pivotal legal judgments in the 1980s. These concepts provide a framework for assessing a young person's capacity to make informed decisions independently of parental consent, particularly in matters affecting their health and well-being.

Gillick Competency, alongside the Fraser Guidelines, serves as a critical tool for professionals working with children, striking a delicate balance between heeding the wishes of the child and fulfilling the duty to protect their safety. While the Fraser Guidelines specifically address the provision of advice and treatment in contraception and sexual health for those under 16, Gillick Competency is applied more broadly. It is instrumental in evaluating whether a child possesses the necessary maturity to comprehend and decide on issues impacting their lives.

Though both terms are interlinked and originate from the same legal case, they articulate distinct criteria in the context of...