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4.1 Medical Assessment and Consent

1.1

The following may give consent to a paediatric assessment:

  • A child of sufficient age and understanding i.e. one who is 'Gillick Competent';
  • Any person with Parental Responsibility;
  • The local authority when the child is the subject of a Care Order (though the parent/carer should be informed);
  • The local authority when the child is Accommodated under s.20 Children Act 1989, and the parent/carers have abandoned the child or are physically or mentally unable to give such authority;
  • The High Court when the child is a ward of court;
  • A Family Court as part of a direction attached to an Emergency Protection Order, an Interim Care Order or a Child Assessment Order.
1.2 When a child is Looked After under s.20 and a parent / carer has given general consent authorising medical treatment for the child, legal advice must be taken about whether this provides consent for paediatric assessment for child protection purposes (the parent / carer still has full parental responsibility for the child).
1.3 A child of any age who has sufficient understanding (generally to be assessed by the doctor with advice from others as required) to make a fully informed decision can provide lawful consent to all or part of a paediatric assessment or emergency treatment.
1.4 A young person aged 16 or 17 has an explicit right by virtue of s.8 Family Law Reform Act 1969 to provide consent to surgical, medical or dental treatment. Unless grounds exist for doubting her/his mental health, no further consent is required.
1.5 A child who is of sufficient age and understanding may refuse some or all of the paediatric assessment though a court can potentially override refusal.
1.6 Wherever possible the permission of a parent should be sought for children under 16 prior to any paediatric assessment and/or other medical treatment.
1.7

Where circumstances do not allow permission to be obtained and the child needs emergency medical treatment the medical practitioner may:

  • Regard the child to be of an age and level of understanding to give her/his own consent;
  • Decide to proceed without consent.
1.8 In these circumstances, parents must be informed as soon as possible and a full record must be made at the time.
1.9 In non-emergency situations, when parental permission is not obtained, the social worker and manager must consider whether it is in the child's best interests to seek a court order.

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This page is correct as printed on Friday 15th of November 2019 07:09:32 PM please refer back to this website (http://mkscb.procedures.org.uk) for updates.
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