Consent In Children Flashcards
What If the child’s mother is under 16?
She will only be able to give consent if she is deemed to be competent. Whether she can consent is therefore dependant on the situation.
Who can consent for children?
The child’s parents if married to each other at the time of conception or birth.
- children born before April 02 then the child’s mother but not the father unless they were married or the father has acquired responsibility thought the court or if the parents subsequently marry.
- if child is born after April 02, and the parents are not married both parents can give consent if they are jointly registered and the fathers name appears on the birth certificate or they subsequently marry.
- child’s legally appointed guardian
- a health and social services trust designated in care or interim care. Or if they hold emergence protection order over the child.
What If the child is a ward of court?
All important steps in the child’s life need to be first approved by the court. It the records it may be clear what can be provided without reference to the court.
Can grandparents or nannies give consent?
Yes if it is clear that the parent has given them consent to consent. Doesn’t need to be in writing but this is of course easier.
Do consent forms need to be signed for consent to be valid?
No, legally it makes no difference.it is only a record not proof that genuine consent has been given. It is a good idea to get written consent if the treatment is complex. If child is competent they can signing without it being counter signed, if parents where involved however it may be a good idea for them to sign it.
If no one is able to give valid consent
In an emergency situation- provide immediate necessary treatment if it is in the child’s best interest.
Sometimes the parents may be present but unable to give consent as they may be on drugs or under 16 themselves - again lawful to do minimal treatment in patients best interest.
Parents of a seriously ill child may be too distressed to give consent as they are not in a competent state- clinicians can lawfully start treatment
If parents don’t agree with each other?
Only one parents consent is needed.
Consent for a child who is giving bone marrow for another sibling
Parents can consent on their behalf if they are not deemed competent but only if the intervention is in the best interests of the child under going non therapeutic intervention.
It is good practise to provide independent scrutiny of the parents decision through an independent assessor or the hospital clinical ethical committee. If there is any doubt then the court ruling should be sought.
What if the child is donating a solid organ?
It is good practise for the courts to be asked to rule in advance, even when the child is competent to make the decision and is willing to donate.
