A Hospital and Health Service v G

The case between A Hospital and Health Service and G concerns the legality of terminating the 12-year-old respondent's 10-week pregnancy. G, who is in the custody of the State and has a history of domestic violence and neglect, has requested that her pregnancy be terminated. Her mother, initially unsupportive of the pregnancy, now supports the termination, while her father and the father of the baby are unaware of the situation. The applicant, A Hospital and Health Service, seeks orders to permit the termination of G’s pregnancy, arguing that G is not Gillick competent to consent to the procedure and that the termination is in her best interests.

The court was required to determine two key legal issues: whether G is Gillick competent to consent to the termination of her pregnancy, and if she is not, whether terminating the pregnancy is in her best interests. Gillick competency refers to a child's capacity to understand and make decisions regarding their medical treatment. The court examined G's maturity, intelligence, and understanding of the implications of continuing the pregnancy, including the physical, psychological, and social consequences. The court also considered G’s personal circumstances, such as her living situation, her history of abuse, and her current emotional state, to assess her best interests.

In its decision, the court found that G is not Gillick competent to consent to the termination of her pregnancy due to her young age and the complexity of the decision. The court acknowledged G’s clear and consistent desire to terminate the pregnancy but noted her age and the significant impact of the decision on her future. The court concluded that terminating the pregnancy was in G’s best interests, considering her current and future physical, psychological, and social circumstances. The court emphasised G’s lack of support from her parents, her inability to care for herself, and her concerns about the pregnancy and potential childbirth. The court issued orders permitting the termination of G’s pregnancy, ensuring the procedure is performed by 7 August 2025.