Consent

Children in England and Wales

Young people aged 16 or over can usually give independent consent to their own treatment. It is not necessary to obtain the consent of a parent or guardian.

However, if the young person is incapable of giving her/his own consent, for example, s/he is severely disabled, the parent's consent must be obtained.

Children under 16 can give their own consent to treatment provided they are judged capable by a doctor or health authority of understanding what is involved. There is no general test for assessing this capacity, and each case will be decided on its own merits.

If a young person under 16 does not have sufficient understanding, parental consent (or a court order) will be required for any treatment, except in an emergency. If a young person under 16 who does have sufficient understanding refuses treatment, treatment can still be given with her/his parent's consent or by a court order.

Young people under 18 cannot give their own consent to experimental operations and blood donations, unless they have sufficient understanding of what is involved.

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