Campaign for Confidential Contraceptive Treatment for people under 16 years of age (Gillick case)
- Date:
- 1978 - 1988
- Reference:
- SA/FPA/C/B/3/12
- Part of:
- Family Planning Association
- Archives and manuscripts
Collection contents
About this work
Description
paperwork relating to the FPA campaign to retain the the right for those under sixteen years of age to get contraceptive advice and treatment without parental consent.
The majority of the paperwork relates to the Gillick case and its effect on this ruling.
Publication/Creation
1978 - 1988
Physical description
5 files
Biographical note
The Gillick case, which was the great spur to this campaign, began early in 1981 when Mrs Victoria Gillick wrote to the West Norfolk and Wisbech AHA asking for an assurance that none of her daughters under sixteen would receive any contraceptive or abortion treatment without her consent. The health authority in reply cited the DHSS circular on the subject which stated that although it would be 'most unusual' to provide advice about contraception without parental consent, in 'exceptional cases' it would be permissable: the final decision resting with the clinical judgement of the doctor.
Mrs Gillick responded by taking the matter to the High Court, seeking declarations against the AHA and the DHSS. The basis for the latter declaration was that the circular gave advice which was contrary to the law and wrong.
The case came before Justice Woolf who, in July 1983, dismissed the action.
However in December 1984, Mrs Gillick won an appeal, in a unanimous decision from Parker, Fox and Eveleigh LJJ. Their Lordships saw the social arguments as being finely divided but stressed their role was confined to stating what the law is and it was stated that all persons under 16 years of age had to have parental consent before seeking contraceptive advice.
The DHSS immediately appealed to the House of Lords, who, in December 1985 reversed the decision on the declaration against the DHSS, ruling that it was lawful for doctors to put under-16s on the pill without parental consent in exceptional circumstances.
Throughout the drawn out court proceedings, the FPA and other sex education charities were opposed to Mrs Gillick's actions and were active in their support of the DHSS.