Legal

Consent for the HPV vaccine and Gillick competence

Abstract

School nurses are the main group of health professionals charged with giving the HPV vaccine to 12–13-year-old girls. Consent lies at the heart of the lawfulness of that immunization and the school nurse can either proceed with the consent of a person acting under parental responsibility or on the consent of a Gillick competent patient. This article considers the requirements for Gillick competence and highlights the factors school nurses must consider when determining whether a child is competent to give consent to treatment.

References

Airedale NHS Trust v Bland [1993] AC 789 Google Scholar
B v B [1992] Google Scholar
Brabin et al., 2011 Brabin L, Stretch R, Roberts SA, Elton P, Baxter D, McCann R (2011) The school nurse, the school and HPV vaccination: A qualitative study of factors affecting HPV vaccine uptake. Vaccine 29(17): 3093–362 Crossref, Google Scholar
CQC, 2009 Care Quality Commission (2009) Essential standards of quality and safety. CQC, Newcastle Google Scholar
Department of Health (DH), 2006 Department of Health, Welsh Government, Scottish Executive, Department of Health Social Services and Public Safety (2006) Immunisation against infectious diseases. The Stationery Office, London Google Scholar
Gillick Competence, 1986 Gillick v West Norfolk and Wisbech AHA [1986] AC 112 ((HL)) Google Scholar
Health and Social care Act, 2008 Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (SI 2010/781) Google Scholar
Kennedy, & Grubb, 1998 Kennedy I, Grubb A (1998) Principles of Medical Law. OUP, Oxford Google Scholar
Nursing and Midwifery Council (NMC), 2008 Nursing and Midwifery Council (2008) The Code: Standards of conduct, performance and ethics for nurses and midwives. NMC, London Google Scholar
Nursing and Midwifery Council (NMC), 2011 Nursing and Midwifery Council (2011) Reasons for the substantive hearing of the conduct and competence committee panel held at Cardiff on the 21st January 2011. NMC, London Google Scholar
R (on the application of Axon) v Secretary of State for Health [2006] EWHC 37 Google Scholar
Re B (Child) [2003] EWCA Civ 1148 Google Scholar
Re J [2000] 1 FLR 571 (Fam) Google Scholar
Re L (Medical Treatment: Gillick Competence) [1998] 2 FLR 810 Google Scholar
Re M (A Child) (Refusal of Medical Treatment) [1999] 2 FLR 1097 (CA) Google Scholar
Re R (A minor) (Wardship Consent to Treatment) [1992] Google Scholar
Rosen, 2007 Rosen R (2007) Nurse escapes being struck off over MMR jab. Nursing Times. December 20: 4 Wheeler Google Scholar
J 2006 R (2006) Gillick or Fraser? A plea for consistency over competence in children. British Medical Journal 332(7545): 807 Crossref, Google Scholar

1 July 2011Volume 6Issue 6

ISSN (print): 1752-2803
ISSN (online): 2052-2827

Metrics

Downloaded 35 times

History

Published online 16 August 2013

Published in print 1 July 2011

Information

Keywords

PDF download