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.
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.
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.