[Solved] Parental Responsibilities Vs Fraser Competent

Hi there

I hadn't heard of this so I've done a little research. The term is actually Gillick competent and Fraser guidelines and they refer to the case bought against the Health Authority by a woman called Mrs Gillick who objected to her child receiving contraceptive advice without her knowledge. There was a court case and the Gillick Competency and Fraser guidelines were born, all I can find is these being used in a sexual health context.

I can find no reference to this being applied to PR rights concerning education, that's not to say that it doesn't happen. Here a link to a fact sheet that explains what it is

http://www.nspcc.org.uk/Inform/research/briefings/gillick_wda101615.html

I'm not really sure how you could progress this, you could contact the local education authority and speak to them about his non attendance. I suppose you could apply to the court for a Child Arrangements Order for contact, or a Specific Issue Order and ask the court to look into his non attendance, even if the Local Authority agencies won't deal with you, they will have to deal with a courts request for information. Even if you are not successful getting contact, you will have opened the discussion about his lack of schooling. I would say that neglecting his education is a cause for concern and a good reason to be granted more involvement by the courts.

Perhaps you should tell the agencies that you don't accept the Gillick competency or Fraser guidelines in the context of education and that you will be applying to the court for more direct involvement in his life so that his educational needs can be addressed appropriately.

Good luck

...you could also ask your MP for help! Education is so important.

The very fact he is in a special needs education school raises the issue he may not be considered competent to make a medical decision. Fraise and Gillick competence are entirely in the context of medical decisions - so why other agencies are getting their bee in a bonnett is irrelevant.

If school is asking you to get involved the agencies should not prevent you. Until the age of 18 you are still considered his legal guardian. I would speak to the school, who is refusing you info? If social services or similar agencies are refusing, get it in writing and ask them to speak to their senior manager or legal department.

Good luck

Hi, if you do not have it in writing why CAHMS are refusing to share information and work with you to support your son's education needs, get, having PR you are fully entitled to be kept informed, there are no guidelines within CAHMS to refuse you access or for them not to share information, other than if they believe your son is at risk of SIGNIFICANT HARM, if they are saying that, insist on a Serious Case Review, to include Social Worker, his or her manager, Doctor, Psychiatrist, School Head and anyone else involved in your son's care, in fact ask for a case review now, if they refuse review escalate up to Director of Social Services, with a letter saying if this matter is not dealt with you will be making a formal complaint to CQC that's Care Quality Commission, [censored] will hit the fan about half way through this process I know I work with this. Some reading for you, your Local Authorities Educational Guidelines particularly on sharing information and working with families with children with special needs, will take some digging out but you will find it on councils website, need any help get in touch.