Consent and independent decision making
As part of the transitions process a young person as a legal right to become more involved in making decisions about their healthcare. Some parents may worry that they may not be involved as much, or their child may not be ready for the changes. It is important that parents and carers remember they can still be involved in their child’s care.
- At 18 a young person is presumed to be able to make decisions about their health.
- 16 and 17 year olds are able to make decisions and consent to their treatment without parental consent.
- For children and young people under the age of 16, their parents, or those with legal parental responsibility can make most decisions for their children.
- Young people under the age of 16 can still be considered to be able to make decisions about their health without their parents. This is known as being ‘competent’.
More information and advice about consent and competency
- The NHS website has more information on consent for children and young people.
- The MIND website has some more information about the Mental Capacity Act 2005 which explains how decisions are made about whether you have capacity to make decisions for yourself as an adult.
- The Council for Disabled Children also has a practical guide to supporting young people with special educational needs and disabilities to make their own decisions and to be engaged in the best interest decision making process – Decision Making Toolkit
- The NSPCC has a section on children’s rights and decision making: Gillick competence and Fraser guidelines that practitioners may find useful.
Confidentiality
A young person who is seen alone will be advised by a healthcare professional that the information they share will be treated as private and can only be shared with a young person’s permission or knowledge. Young people are generally encouraged to involve their parents or carers when making a decision about their care, so they can support them, and at times it may be appropriate for a health professional to advise parents about a procedure or treatment in general terms to provide appropriate care.
If there were concerns about harm or the welfare of the young person, or another person, a health professional may have to tell someone else.