united-kingdom medical consent case-law
Limits to Gillick Competence
<p><strong>Please note:</strong><br>
<em>Gillick Competence</em> is not to be confused with the <a href="https://en.wikipedia.org/wiki/Gillick_competence#Fraser_guidelines" rel="nofollow noreferrer"><em>Fraser Guidelines</em></a> which is only concerned with contraception.</p>

<p><strong>Gillick Competence</strong> is:</p>

<blockquote>
  <p>a term originating in England and is used in medical law to decide whether a child (under 16 years of age) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge.</p>
  
  <p>The standard is based on the 1985 decision of the House of Lords in <em>Gillick v West Norfolk and Wisbech Area Health Authority</em>. (Source: <a href="https://en.wikipedia.org/wiki/Gillick_competence" rel="nofollow noreferrer">Wikipedia</a>)</p>
</blockquote>

<p>I am wondering what limitations there are to the ability for a child to override a parent/guardian's decision concerning their health and wellbeing.</p>

<p>Wikipedia at the same source, points out that (emphasis mine)</p>

<blockquote>
  <p><strong>except in situations that are regulated otherwise by law</strong>, the legal right to make a decision on any particular matter concerning the child shifts from the parent to the child when the child reaches sufficient maturity to be capable of making up his or her own mind on the matter requiring decision.</p>
</blockquote>

<p>What situations are there that are <em>"regulated otherwise by law"</em>?</p>

<p>It is difficult to think of many areas where a child would have <em>Gillick</em> competence but the legal right would rest with the parent in law.</p>
<p>One example that comes to mind is enlisting in the Armed Forces when under the age of 18. <a href="https://www.legislation.gov.uk/uksi/2009/2057/regulation/5/made" rel="nofollow noreferrer">Section 5 of the Armed Forces (Enlistment) Regulations 2009</a> requires parental permission to be given for any child enlisting in the Armed Forces who is under 18.</p>
<blockquote>
<p>5.—(1) Where a person under the age of 18 (“the young person”) offers to enlist in the regular forces and an appropriate person can be identified in relation to him, he shall not be enlisted unless written consent to the enlistment has been given—</p>
<p>(a) where he is living with one or more appropriate persons, by each such person;</p>
<p>(b) where he is not living with any appropriate person, by such a person.</p>
</blockquote>
<p>In such circumstances, the child arguably has <em>Gillick</em> competence (they must be at least 16 years of age to offer to enlist), but in law the right to decide whether the child can join the Armed Forces or not rests with the parent.</p>
