Fraser Guidelines

Young man with Down's Syndrome, smiling, touching foreheads with father

Deprivation of liberties and the under 18s

8 August 202226 July 2022
Comment, Mental Capacity in Practice

When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.

Mental capacity in under-18s: Anxious girl sitting on floor by sofa

Reflecting on changes to the MCA Code of Practice (Part 9)

25 May 202218 May 2022
Comment

We are nearing the end of our series reflecting upon the MCA Code of Practice consultation. In this ninth blog, we consider the broadening of the MCA to include those aged 16-17.

Gillick competence. Teenager receiving injection from doctor.

Gillick Competence and the Fraser Guidelines

2 February 202230 December 2023
Mental Capacity in Practice

The Mental Capacity Act (2005) currently applies to adults aged 16 years and above. However, as with many things, there are specific areas of exception. One of which is known as ‘Gillick Competency’ (or Gillick Competence), and the related Fraser Guidelines. These two important judgements set out rules around when a young person is deemed competent to make their own decisions without specific parental consent.