- Maturity - That takes account of the child's experiences and the child's ability to manage influences on their decision making such as information, peer pressure, family pressure, fear, and misgivings.
- Intelligence - That takes account of the child's understanding, ability to weigh risk and benefit, consideration of longer-term factors such as the effect on family life and on such things as schooling.
- He/she has sufficient maturity and intelligence to understand the nature and implications of the proposed treatment (Is he/she Gillick competent?)
- He/she cannot be persuaded to tell her parents or to allow the doctor to tell them
- He/she is very likely to begin or continue having sexual intercourse with or without contraceptive treatment
- His/her physical or mental health is likely to suffer unless he/she received the advice or treatment
- The advice or treatment is in the young person’s best interests.
What about taking consent in 16-17 year olds?
- Wheeler R (2006) Gillick or Fraser? A plea for consistency over competence in children. BMJ 332(7545): 807
- Gillick v West Norfolk & Wisbech AHA & DHSS  3 WLR (QBD)
- Axon, R (on the application of) v Secretary of State for Health  EWHC 37 (Admin)
- Mental Capacity Act 2005