Growing Up, Gaining Independence: information for families of
young people with a Learning Disability
The following information was originally produced by Great Ormond Street Hospital for Children NHS Foundation Trust (GOSH).
At LPFT we encourage and support young people to become as independent with their healthcare as they can be. Some people might always need someone else to help them manage their healthcare and to make health-related decisions for them. How these decisions are made and who can make them changes as people get older.
The information below provides detail for families about decision-making when their child is unable to make decisions for themselves once they are 16. While your child is under 18 years old you may hold Parental Responsibility for them. Anyone with Parental Responsibility can manage decisions on their child's behalf, although certain aspects of this change when your child reaches 16 years old.
Gillick competence
The following information was originally produced by the NSPCC (https://learning.nspcc.org.uk/child-protection-system/gillick-competence-fraser-guidelines#skip-to-content - last visited 3 February 2023).
Gillick competency applies mainly to medical advice but it is also used by practitioners in other settings. For example, if a child or young person:
- would like to have therapeutic support but doesn't want their parents or carers to know about it is seeking confidential support for substance misuse
- has strong wishes about their future living arrangements which may conflict with their parents' or carers' views.
Medical professionals need to consider Gillick competency if a young person under the age of 16 wishes to receive treatment without their parents' or carers' consent or, in some cases, knowledge.
If the young person has informed their parents of the treatment they wish to receive but their parents do not agree with their decision, treatment can still proceed if the child has been assessed as Gillick competent.
There is specific guidance for medical professionals on using Gillick competence - see case history and legislation.