In family court cases, the concept of Gillick Competence plays a crucial role. It refers to a child’s ability to make informed decisions about their own medical treatment or other matters without parental consent. However, when there are suspicions of psychological control and manipulation, it becomes essential to challenge this competence. In this blog, we’ll explore signs of psychological control, ways professionals may misinterpret a child’s wishes, and strategies for challenging Gillick Competence.

Signs of Psychological Control

Isolation and Alienation: A child who is being psychologically controlled may be isolated from friends, family, and other support networks. The manipulator often limits their interactions to maintain influence.

Emotional Dependence: The child becomes emotionally dependent on the manipulator, fearing consequences if they express their true feelings or desires.

Gaslighting: Manipulators distort reality, making the child doubt their own perceptions. Gaslighting can lead to confusion and self-doubt.

Threats and Intimidation: The child may receive threats or experience intimidation, leading them to comply with the manipulator’s wishes out of fear.

Emotional Blackmail: The manipulator uses guilt, shame, or emotional pressure to control the child’s decisions.

Misinterpretations by Professionals

Taking Statements at Face Value: Professionals may accept a child’s statements without considering the context or potential manipulation. Children may parrot what they’ve been told, even if it doesn’t reflect their true feelings.

Assuming Consistency: Professionals often expect consistent statements from children. However, manipulated children may provide different answers to different people due to pressure from the manipulator.

Ignoring Non-Verbal Cues: Children communicate through body language, tone, and hesitation. Ignoring these cues can lead to misinterpretations.

Overlooking Fear: Fear of repercussions can prevent children from expressing their true feelings. Professionals should recognise signs of fear and dig deeper.

Manipulating Bias: A psychologically abusive parent will use the same tactics on professionals and manipulate bias including gender, race, socio-economic status.  Read more on how bias is impacting your case.

Empowering Parents

As a parent navigating family court proceedings, your child’s well-being is your top priority. If you suspect psychological control or manipulation, understanding how to challenge Gillick Competence becomes crucial. Here’s how you can use this information effectively:

1. Educate Yourself:

Learn About Gillick Competence: Understand the legal concept of Gillick Competence. It refers to a child’s ability to make informed decisions without parental consent. Familiarise yourself with the principles established by legal precedents.

Recognise Signs of Manipulation: Educate yourself about the signs of psychological control. Isolation, emotional dependence, gaslighting, threats, and emotional blackmail are red flags.

2. Document Everything:

Keep Detailed Records: Maintain a diary documenting interactions with your child and the other parent. Note any instances of manipulation, coercion, or undue influence.

Record Conversations: If possible, discreetly record conversations or interactions that raise concerns. These records can be valuable evidence.

3. Seek Professional Assessment:

Independent Evaluation: Request an independent assessment by a child psychologist or psychiatrist. They can evaluate your child’s emotional state, cognitive abilities, and potential manipulation.

Interview Techniques: Share your suspicions with professionals during interviews. Encourage your child to express their feelings openly without fear.

4. Collaborate with Experts:

Consult Legal Professionals: Engage legal representation experienced in family law. They can guide you through the process and advocate for your child’s best interests.

Work with Social Workers and Therapists: Collaborate with social workers, therapists, and teachers. Their insights provide a holistic view of your child’s situation.

5. Present Evidence in Court:

Be Prepared: When presenting your case in court, organise your evidence systematically. Highlight instances of manipulation, emotional control, and any misinterpretations by professionals.

Emphasise the Child’s Well-Being: Frame your arguments around your child’s welfare. Show that challenging Gillick Competence is essential for their protection.

6. Stay Calm and Focused:

Emotions Matter: Family court cases can be emotionally charged. Stay composed and focused on the facts. Avoid confrontations with the other parent.

Advocate for Your Child: Be your child’s voice. Ensure their rights are respected throughout the legal process.

You are not alone in this. At Get Court Ready we deal solely with cases involving psychological manipulation of a child and so we understand the complexity of presenting these cases in court. We offer a free 20 minute initial consultation to see how we can help you develop a comprehensive and evidence based strategy to challenge your manipulative ex and protect your child.

Strategies for Challenging Gillick Competence

1. Independent Assessment: Seek an independent assessment by a child psychologist or psychiatrist. They can evaluate the child’s emotional state, cognitive abilities, and potential manipulation.
2. Contextual Analysis: Consider the child’s environment, family dynamics, and any signs of manipulation. Context matters when assessing competence.
3. Collaboration: Collaborate with other professionals, including social workers, teachers, and therapists. Their insights can provide a holistic view of the child’s situation.
4. Legal Representation: Work with legal counsel to present findings to the court, emphasising the need for the child’s voice to be heard without the influence of psychological control. Engage legal representation to advocate for the child’s best interests. Legal professionals can challenge Gillick Competence in court.
5. Detailed Interviews: Conduct interviews with the child, away from the potentially controlling parent, to explore their understanding and reasoning behind their decisions. The interviewer must be skilled in distinguishing between a child’s genuine voice and one that has been coached or manipulated.
6. Interview Techniques: Use open-ended questions and non-leading interview techniques. Encourage the child to express their feelings without fear of consequences.
7. Observation of Interactions: Observe the child’s interactions with both parents, if possible, to look for signs of anxiety, reluctance, or rehearsed responses when with the controlling parent.
8. Court’s Discretion: Ultimately, it is up to the court to decide whether a child is Gillick competent. The court may order its own independent evaluation or consider the evidence presented to determine the child’s capacity to make decisions.
   
   

Case Precedents

Legal precedents play a pivotal role in shaping the application of Gillick Competence in family court cases. Here are some key cases and principles that have been established:

• Gillick v West Norfolk Area Health Authority: This landmark case established the principle that a child under 16 could be deemed competent to give valid consent to medical treatment if they have sufficient understanding and intelligence to understand the nature and implications of the proposed treatment.
• Re L (Medical Treatment: Gillick Competency): This case highlighted the distinction between a child’s views based on strongly held beliefs and the ability to form an opinion with adult experience. It was determined that a child who had led a sheltered life and had limited experience was not ‘Gillick competent’ to refuse life-saving treatment based on religious beliefs without full understanding of the consequences.
• Bell & Anor v The Tavistock and Portman NHS Foundation Trust: In this more recent case, the Court of Appeal considered the information a child under 16 would need to understand, retain, and weigh up in order to consent to the administration of puberty-blocking drugs, emphasising the complexity of such decisions.

These cases underscore the nuanced approach required when assessing Gillick Competence, especially in situations where psychological control or manipulation may be a factor. They also demonstrate the courts’ willingness to scrutinise the circumstances under which a child’s expressed wishes are formed, ensuring that their best interests are protected.

Remember, challenging Gillick Competence is about protecting the child’s well-being. By recognising signs of psychological control and avoiding misinterpretations, we can ensure that children’s voices are heard and their rights respected.  Unfortunately in cases involving psychological control of a child, professionals often struggle.  Read more in our blog.

Disclaimer: This blog provides general information and is not legal advice. Consult with a legal professional for specific guidance in your jurisdiction.

References

1: “Goodbye Gillick? Identifying and resolving problems with the concept of child competence” - Legal Studies, Cambridge Core. 

2: Re L (Medical Treatment: Gillick Competency) - Case Law, VLEX. 

3: Gillick competence, puberty-blockers and the Court of Appeal - Mental Capacity Law and Policy.