is a House of Lords case about mental capacity in England and Wales.

Facts

Mrs Gillick was a Roman Catholic who had four daughters under the age of 16, and gave birth to a fifth daughter during the course of the litigation. She asked the local health authority for its assurance that her daughters would not be given contraceptive advice. The local authority replied that it would be unusual for a minor to be given contraceptive advice without her parents' consent, but the decision ultimately rested with the advising doctor. Mrs Gillick wrote to the health authority seeking to forbid them from giving contraceptive advice to her daughters until they were of age. The health authority did not change its view and Mrs Gillick brought court proceedings. She sought a declaration that it would be unlawful for a doctor to give contraceptive advice to her underage children without her consent.Bailii

Law Section 8 of the Family Law Reform Act 1969 reads as follows:Family Law Reform Act 1969, Section 8

Courts below

The courts below declined to grant the declaration Mrs Gillick sought.

Judgment At issue were two questions: Can a minor give valid consent to medical treatment without their parent's knowledge or consent? If a doctor gives advice or prescribes medication to a minor, are they necessarily aiding and abetting a sexual offence?

By 3 to 2 (with Lords Brandon and Templeman dissenting), the court found in favour of the health authority.

Significance The judgment includes what came to be known as the Fraser Guidelines.

When a medical professional is deciding whether to give contraceptive advice to an underage person without the patient's parents' consent, the professional must satisfy themself that:Ipsa Loquitur The young person will understand the professional's advice; The young person cannot be persuaded to inform their parents; The young person is likely to begin, or to continue having, sexual intercourse with or without contraceptive treatment; Unless the young person receives contraceptive treatment, their physical or mental health, or both, are likely to suffer; and The young person's best interests require them to receive contraceptive advice or treatment with or without parental consent.

See also Mental capacity in England and Wales Gillick competence

Notes