Citation

Wkly. Law Rep. 1991; 1991(Oct 25): 592-608.

Copyright

(Copyright © 1991, Thompson-Routers)

DOI

unavailable

PMID

12041269

Abstract

The British Court of Appeal held that a 15-year-old girl who suffered from serious episodes of mental illness and suicidal behavior lacked the competence to give or withhold her consent to anti-psychotic drug treatment. Although between episodes of illness the girl had once indicated that she would refuse the drug therapy, the court determined that the fluctuating nature of her illness renderd her incompetent to give or withhold consent. The court used the standard of "Gillick competence," based on the 1986 decision, Gillick v. West Norfolk and Wisbech AHA. The girl was not "Gillick competent" because she had not reached sufficient understanding and intelligence to be capable of making up her own mind on the matter requiring decision. Regardless of the issue of competence, the court was able to override the girl's decision by exercising its wardship jurisdiction.

Language: en