Under-16 – Mental Capacity Ltd

Parental consent and DoLS for under-16s

21 November 20227 November 2022
Comment, Mental Capacity in Practice

There are often many complex interactions between legislation and case law – especially in the field of mental capacity and the Mental Capacity Act (2005) specifically. For this reason it is vital for professionals working in this area to ensure they are familiar with updates in case law to ensure those within the system are protected and best practice is upheld.

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.