Children and the Law

Question 1

Who are people who have Parental Responsibility? (4)

Answer 1

• both parents (if married, or both names on birth certificate)
• mother only (if unmarried or no agreement with father)
• legally appointed guardian
• local authority with a care or protection order

Question 2

Consent for Children- what are the main points?

Answer 2

• 16 is age of consent to medical treatment (parental responsibility ends at 18)
• For children <16, if more than one person with parental responsibility, only consent from one is necessary

Question 3

What if parental disagreement?

Answer 3

a court order is recommended

Question 4

What do we do in emergency, with no parental responsibility to consult?

Answer 4

Treatment can be given without consent if in best interests of patients

Question 5

Gillick Competence- main points?

Answer 5

• Children consenting to their own treatment (under certain circumstances, a doctor can obtain permission to treat a child without consulting a parent)
• Allows minors to accept treatment, but they cannot decline treatment that is in their best interest (unlike >18s who can refuse life saving treatment)
• No lower age limit to gillick competence.

Question 6

What is the criteria for Gillick competence?

Answer 6

• Ask patient whether you can tell parents, if yes then the child can be treated like any other child with parental permission
• if no then confidentiality must be respected
• Assess how mature child is, do they understand treatment and complications? If these criteria fulfilled and patient is likely to suffer physical or mental harm without treatment they can be considered gillick competent.

Question 7

If child is refusing treatment- what do we do?

Answer 7

Ask parents for consent, and then ask the court

Question 8

If 16 or 17 year old refuses treatment- what can be done?

Answer 8

can still be given with court order

Question 9

What is the rules with children and medical research/trials?

Answer 9

• All clinical trials must be approved by a research ethics committee
• Children 16+ can give consent to take part in clinical trials of investigated medicinal products
• Children (including those without competence to consent) should be involved in decision making process and as long as the child isn’t too young, their agreement (assent) should still be sought