Consent laws

Consent and Competence:

• Competent 16-17 year olds can consent to treatment without parental consent

• Patients under 16 can consent to some treatments if deemed Frasier competent

• Individuals under 18, even if competent, cannot refuse treatment

• If a person with parental responsibility is under 18, they can only give valid consent for a child's treatment if they are Frasier competent

Parental Responsibility (Childrens Act 1989):

• Automatically holds parental responsibility:

  • The child’s mother

  • The child’s father, if married to the mother at the time of birth

  • Unmarried fathers if:

    • For children born after 1 December 2003:

      • They register the child’s birth jointly with the mother

      • They re-register the birth as the natural father

      • They marry the mother or obtain parental responsibility from the court

    • For children born before 1 December 2003:

      • They marry the mother or obtain parental responsibility from the court

  • The child’s legally appointed guardian

  • A person with a court-issued residence order for the child

  • A local authority designated in a care order/emergency protection order

  • Second female parents married to or in a civil partnership with the biological mother at the time of conception (unless conception was via sexual intercourse or without consent from the wife/civil partner)

• Does not automatically hold parental responsibility:

  • Fathers not married to or in a civil partnership with the mother

  • Stepfathers and stepmothers

  • Grandparents and foster parents

Best Interests of the Child:

• All decisions should prioritise the child’s best interests

Consent for Clinical Trials:

• Parents can consent to clinical trial participation if the trial may benefit the child

References

Brief guide: capacity and competence to consent in under 18s. Care Quality Commission https://www.cqc.org.uk/sites/default/files/Brief_guide_Capacity_and_consent_in_under_18s%20v3.pdf