The government has announced that 12 to 16 year olds can be protected by extending rolling out the vaccination program. In the absence of parental consent this group of children can make their own choice if they are classed as being, what is known as ‘Gillick competent’. What does this mean?
A short history lesson. In the mid 1980’s, Mum Victoria Gillick took the government (or more specifically the DHSS as it was) to task by launching a legal case challenging a decision by doctors to prescribe contraception to the under 16’s without parental consent. The court ultimately decided that if a child was of sufficient maturity that they could make an informed choice then their wishes would be followed despite a parent’s contrary views. It was a big moral case in the day. Victoria exclaimed, after the judgement was handed down that ‘doctors are encouraging children to be promiscuous’. The world has moved on since 1983 in many respects. What was important was that a principle had been established.
This was, and is relevant to family law and how judges make decisions. A simple example. Mum says that their children should not see their other parent as the children say they do not want to see the absent parent. A court appointed professional, will ascertain a child’s wishes. If they are of sufficient maturity and understanding, then that child’s view will be given great weight compared to a much younger and immature child. In the latter case the court professional is more likely to give a recommendation to the court, having made more enquiries of both parents and taking all the circumstances of the case into account (with a child’s opinion carrying less weight).
The Health Secretary’s view is that the number of cases where children disagree with their parents will be on the low side. But for that group now you know what principles will be applied by the health professional before a decision is made ‘to jab or not to jab’.
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