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Gillick v West Norfolk and Wisbech AHA [1986] AC112, [1985] 3 All ER 402

Statistics on the number of induced abortions among girls under the age of 16 years led the Department of Health and Social Security (DHSS) to conclude that contraceptive services should be made more readily available to that age group. This should be a decision made by a doctor, who might lawfully treat, and prescribe for, the girl without contacting her parents. In 1980 the DHSS further stressed that every effort should be made to involve parents, but if the girl refused, then confidentiality should be respected.

Victoria Gillick, a mother of four daughters under 16 years, wrote to her local authority seeking an assurance that none of her daughters would be given contraceptives, abortion advice or treatment without her prior knowledge and consent until they were 16 years old. This was refused and she took the authority to Court in 1982, claiming it was unlawful and wrong.

Her legal team argued the assumption that the common law had never permitted treatment of minors in the absence of parental consent. They also argued that it was a crime for any man to have sexual intercourse with a girl under 16 years, under the Sexual Offences Act 1956, and so the doctor would be guilty of a crime if assisting in this act.

Court decision