Did you know that in certain circumstances, children under the age of 16 can make important decisions for themselves, without the need for parental consent? This is possible thanks to a key legal principle known as Gillick competence.
What Is Gillick Competence?
Gillick competence stems from a landmark legal case in the 1980s: Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112. The case involved a mother’s objection to her under-16 child receiving contraception advice without parental knowledge. The courts ultimately ruled that a child under 16 can consent to medical treatment if they have sufficient maturity and intelligence to fully understand what’s involved.
This set a powerful legal precedent. Since then, Gillick competence has become the standard for assessing whether a child can make independent decisions, not just in healthcare, but in a broader range of legal matters.
Where Does Gillick Competence Apply?
While it originally related to medical consent, Gillick competence now plays a role in several key areas of family law and child welfare. For example, a child under 16 might be deemed Gillick competent if they can:
- Instruct their own solicitor in family or care proceedings
- Make decisions about where and with whom they live following a parental separation
- Give evidence in court, understanding the implications of doing so
It’s Not About Age, It’s About Understanding
Importantly, Gillick competence isn’t based on a fixed age. Instead, the focus is on the child’s ability to understand the nature, purpose, and potential consequences of the decision they’re making.
This means that for relatively straightforward decisions, a younger child might be found competent. For more complex or high-risk matters, the threshold for competence is understandably higher.
Why This Matters for Families and Professionals
For parents, guardians, and professionals working with young people, Gillick competence is an essential concept to understand. It recognises that children develop at different rates and that some may be capable of making serious decisions about their lives and wellbeing earlier than others.
Child & Family Law Solicitors Near You
At Rose & Rose Solicitors, we regularly advise on cases where Gillick competence is a factor, whether that’s in relation to medical issues, legal representation, or post-separation arrangements. If you’re unsure about your child’s legal rights or your role as a parent, our experienced family law team is here to help. Speak to a member of our team below.
