Block 5 Week 2: Consent in Children Flashcards
Draw what happens over age and time in terms of parent authority and developing capacities & autonomy
Using the phrases:
Protection, Self determination, Automonous Decision Making, Participation
Draw how this goes from Child to Adult
What is needed to demostrate consent?
Capcity
Voluntariness
Information
What is the United Nation Convention on the Rights of the Child age of majority?
Age 18yrs
UNCRC: Particiaptory rights Article 12- what does this say
When adults making decisions that affect children, children have the right to say what they think should happen & have their opinions taken into account
How should the UNCRC be translated into practice?
However what is the shortfall of this?
When may children have the power to consent?
- Children should as far as reasonably practically & possible participate in decisions about them
- Participations falls short of giving them power to decide matters for themselves (consent/ or refuse consent)
- They obtain power to consent if & ONLY if they have capacity
- Not equally applied to refusal
What are the Laws (common and statute) that govern consent in children in practice?
Common Law:
- Gillick v West Norfolk and Wisbech Health Authority
Statue Law:
- Mental Capacity Act
- Children Act
- Sexual Offences Act
What does the MCA 2005 say about children age 16 and parental decision asking?
Parental responsibility remains until the age of majority THEREFORE parent/ person w/ parental responsibility can consent/ make decisions for the child
What is Gillick Comptence? (6)
- No fixed age- depends on degree of maturity & understanding and decision to be made
- FULLY understand nature, purpose & implications
- Can consent to tx- no needed for parental consent
- Applies to ALL medical tx
“Must show sufficient understanding and intelligence to demonstrate he/she is capable of making up their own mind. They must also demonstrate sufficient maturity to understand whatever is involved”
Notes:
•Fully understand is > what is required to adults
•Tx, if offered is being offered because the Dr already determined it’s in the patients best interest
What does the GMC Guidance say on consent in children?
25/ Capacity to consent depends more on young person’s ability to understand & weight up option than on age
26/ Capacity to consent can also be affected by their physical & emotional development and by changes in their health & tx
What do the fraser guildanes say?
What is it specific to?
What is Fraser guidelines NOT a license to do?
Specific to Contraception, Abortion and STI
A dr can proceed to give advice & tx if satisfied:
- Girl understands the advice
- Cannot persuade her to inform to inform parents
- Likely to continue having sexual intercourse
- Unless receives advice or tx, her physical or MH or both likely to suffer
- Best interest require to give
Not a licence to disregard views of parents just because it is convenient to do so
Is a medical professional entitled to provide advice on sexual matters without parental consent?
Yes, Must follow Fraser Guidelines
Is a Dr commiting a crime under the Sexual Offences Act (2003) if adivising/ providing contraception to u16?
If so on what grounds are these?
NOT guilty providing on these grounds:
A) Protecting child from STI
B) Protecting physical safety of child
C) Preventing child from becoming pregnant
D)Promoting the child’s emotional well-being by giving advice
What does the Children Act say about making decisions made in relation into children
Applies to: courts, children serices & orgnisations
The welfare of the child should be paramount concern
What does the GMC Guidance on Children’s Interests say:
Consider:
- A)Views of child, so far as they can express them, including any previously expressed preferences
- B)The views of parents
- C) The views of others close to child
- D)The cultural, religious or beliefs and values of the child or parents
- E) Views of other HCP providing care to child & other professionals who have an interest in their welfare
- F) Which choice, >1, will LEAST restrict the child’s future options
