Revisiting consent, <i>Gillick</i> competency, <i>parens patriae</i> , and the access of minors to mental health services in Singapore

In the wake of the Covid-19 pandemic, the mental health of minors has become a critical concern in the review of Singapore’s public health strategy. An important barrier to access mental health services is the legal requirement for parental or guardian consent. This article seeks to examine the existing legal infrastructure supporting the delivery of mental health services to minors. It considers if the legal age of contractual capacity addresses concerns at the threshold of independent consent to mental health treatment. Second, should Gillick competency be recognised in Singapore, or should a lower statutory age of consent be preferred? Finally, dispute resolution via the courts remains an important backstop where consensus between minors, parents or guardians, and mental health service providers on appropriate interventions cannot be achieved. Do the Singapore courts have appropriate jurisdiction to hear these matters, especially if brought by third parties to the parent–minor relationship? This involves an inquiry into the historical statutory origins of the ancient parens patriae jurisdiction under the Supreme Court of Judicature Act 1969.