Government re-arranges Gillick / Axon competence
Ian Batten
ukcrypto at chiark.greenend.org.uk
Tue, 21 Apr 2009 14:06:13 +0100
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http://www.publications.parliament.uk/pa/ld200809/ldhansrd/text/90420w0004.htm#09042043002184
This is the official statement of Ross et al's concerns that Gillick
competence is being mis-applied to drive the age of consent for
information sharing down to 12, or even below. On what basis are
children aged 12 presumed to be able to consent to information
sharing? It's not at all clear...
ian
> Asked by Baroness Miller of Chilthorne Domer
>
> To ask Her Majesty's Government at what age they deem a child able
> to consent to information sharing; and whether parents are normally
> involved in children's decisions about whether to consent to data
> sharing, such as that planned for ContactPoint. [HL2684]
>
> The Parliamentary Under-Secretary of State, Department for Children,
> Schools and Families (Baroness Morgan of Drefelin): The law provides
> that a child or young person who has the capacity to understand and
> make their own decisions may give (or refuse) consent to information
> sharing. This is presumed for young people to be aged 16 years and
> older unless there is evidence to the contrary. However, children
> aged 12 years or over may generally be expected to have sufficient
> understanding. Children under 12 years old may also be considered to
> have sufficient understanding. Where a practitioner has judged that
> a child does not have sufficient understanding to give or refuse
> consent, a person with parental responsibility should be asked to
> consent on behalf of the child. Practitioners use their professional
> judgment to determine whose consent should be sought. Information
> Sharing: Guidance for Practitioners and Managers sets out clearly
> the considerations that should be made when determining whose
> consent should be sought.
>
>
>
> 20 Apr 2009 : Column WA317
>
> All children in England will have a record on ContactPoint
> containing basic information until they reach the age of 18. When a
> child or young person accesses a sensitive service (services
> relating to sexual health, mental health and substance abuse) their
> explicit, informed consent (or that of a parent/carer if acting on
> their behalf) will be required to record contact details for this
> sensitive service on ContactPoint. A lack of consent to place
> sensitive service practitioner details on ContactPoint may be
> overridden in circumstances where there are genuine child protection
> concerns. Informed, explicit consent will be required for care
> leavers or those with learning difficulties to have their record
> remain on ContactPoint beyond the age of 18, up to the age of 25, to
> help facilitate the transition to adult services.
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style=3D"font-family: Segoe; font-size: 13px; color: black; text-align: =
left; "><br class=3D"webkit-block-placeholder"></div><a =
href=3D"http://www.publications.parliament.uk/pa/ld200809/ldhansrd/text/90=
420w0004.htm#09042043002184">http://www.publications.parliament.uk/pa/ld20=
0809/ldhansrd/text/90420w0004.htm#09042043002184</a><div =
style=3D"font-family: Segoe; font-size: 13px; color: black; text-align: =
left; "><br class=3D"webkit-block-placeholder"></div><div =
style=3D"font-family: Segoe; font-size: 13px; color: black; text-align: =
left; "><br></div><div style=3D"font-family: Segoe; font-size: 13px; =
color: black; text-align: left; ">This is the official statement of Ross =
et al's concerns that Gillick competence is being mis-applied to drive =
the age of consent for information sharing down to 12, or even below. =
On what basis are children aged 12 presumed to be able to consent =
to information sharing? It's not at all clear...</div><div =
style=3D"font-family: Segoe; font-size: 13px; color: black; text-align: =
left; "><br></div><div style=3D"font-family: Segoe; font-size: 13px; =
color: black; text-align: left; ">ian</div><div style=3D"font-family: =
Segoe; font-size: 13px; color: black; text-align: left; "><br></div><div =
style=3D"font-family: Segoe; font-size: 13px; color: black; text-align: =
left; "><br></div><div style=3D"font-family: Segoe; font-size: 13px; =
color: black; text-align: left; "><blockquote type=3D"cite" =
class=3D""><span class=3D"Apple-style-span" style=3D"color: rgb(0, 0, =
0); font-family: Verdana; font-size: 11px; "><p align=3D"center"><i>Asked =
by <b><b><a name=3D"90420w0004.htm_spnew0" style=3D"color: rgb(14, =
75, 138) !important; text-decoration: none; "></a><a =
name=3D"09042043001715" style=3D"color: rgb(14, 75, 138) !important; =
text-decoration: none; "></a>Baroness Miller of Chilthorne =
Domer</b></b></i></p><ul><a name=3D"09042043001483" style=3D"color: =
rgb(14, 75, 138) !important; text-decoration: none; "></a><p><a =
name=3D"wa_qnpa_39" style=3D"color: rgb(14, 75, 138) !important; =
text-decoration: none; "></a>To ask Her Majesty's Government at what age =
they deem a child able to consent to information sharing; and whether =
parents are normally involved in children's decisions about whether to =
consent to data sharing, such as that planned for ContactPoint. =
[HL2684]</p></ul><p><a name=3D"wa_st_67" style=3D"color: rgb(14, 75, =
138) !important; text-decoration: none; "></a><a name=3D"09042043000542" =
style=3D"color: rgb(14, 75, 138) !important; text-decoration: none; =
"></a><b><a name=3D"90420w0004.htm_spmin0" style=3D"color: rgb(14, 75, =
138) !important; text-decoration: none; "></a><a name=3D"09042043001716" =
style=3D"color: rgb(14, 75, 138) !important; text-decoration: none; =
"></a>The Parliamentary Under-Secretary of State, Department for =
Children, Schools and Families (Baroness Morgan of =
Drefelin):</b> The law provides that a child or young person who =
has the capacity to understand and make their own decisions may give (or =
refuse) consent to information sharing. This is presumed for young =
people to be aged 16 years and older unless there is evidence to the =
contrary. However, children aged 12 years or over may generally be =
expected to have sufficient understanding. Children under 12 years old =
may also be considered to have sufficient understanding. Where a =
practitioner has judged that a child does not have sufficient =
understanding to give or refuse consent, a person with parental =
responsibility should be asked to consent on behalf of the child. =
Practitioners use their professional judgment to determine whose consent =
should be sought. <i>Information Sharing: Guidance for =
Practitioners and Managers</i> sets out clearly the considerations =
that should be made when determining whose consent should be =
sought.</p><notus-date day=3D"20" month=3D"4" year=3D"2009" =
textmonth=3D"Apr"></notus-date><columnnum><br><br><a name=3D"column_WA317"=
style=3D"color: rgb(14, 75, 138) !important; text-decoration: none; =
"></a><b>20 Apr 2009 : Column WA317</b><br><br></columnnum><a =
name=3D"90420w0004.htm_para0" style=3D"color: rgb(14, 75, 138) =
!important; text-decoration: none; "></a><p><a name=3D"wa_stpa_507" =
style=3D"color: rgb(14, 75, 138) !important; text-decoration: none; =
"></a><a name=3D"09042043000543" style=3D"color: rgb(14, 75, 138) =
!important; text-decoration: none; "></a>All children in England will =
have a record on ContactPoint containing basic information until they =
reach the age of 18. When a child or young person accesses a sensitive =
service (services relating to sexual health, mental health and substance =
abuse) their explicit, informed consent (or that of a parent/carer if =
acting on their behalf) will be required to record contact details for =
this sensitive service on ContactPoint. A lack of consent to place =
sensitive service practitioner details on ContactPoint may be overridden =
in circumstances where there are genuine child protection concerns. =
Informed, explicit consent will be required for care leavers or those =
with learning difficulties to have their record remain on ContactPoint =
beyond the age of 18, up to the age of 25, to help facilitate the =
transition to adult =
services.</p></span></blockquote></div></body></html>=
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