Questions and Answers
Who provides consent for treatment when a child is deemed not to have the capacity?
What takes precedence in cases of conflict of interest in child psychiatry?
Which group of people is most likely to face ethical and legal problems in psychiatry?
Who is responsible for giving consent for treatment when children are deemed unable to?
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What decide(s) the age below which a child is deemed not to have the capacity to consent?
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If a child refuses treatment, who can make the decision to proceed?
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What is Gillick competence?
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In what situation can a minor's refusal of treatment be overruled?
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What legal issue arises when the person accompanying the child is not recognized by the law as having parental responsibility?
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According to the content, who does not automatically have legal responsibility for the child in English law?
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Whose consent becomes logically necessary and clinically desirable for more invasive treatments on a minor?
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What is the primary duty of the parents when making medical decisions for their child?
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In English law, at what age can a sufficiently competent minor consent to contraception without parental consent?
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Study Notes
Consent
- In many countries, the law determines an age below which a child is deemed to lack capacity, and parents provide consent on their behalf.
- A child's assent should be obtained if possible, as it aids treatment, but if the child refuses, parents can decide.
Conflicts of Interest
- The interests of the child take precedence over those of others.
- Parents can refuse treatment, but their right is linked to their duty to protect the child, and refusal may not be acceptable in cases where the decision is not in the child's best interests.
Competence and Assent
- The assumption of competence is established on a case-by-case basis, but a minor can give assent if deemed competent.
- The Gillick case established that a sufficiently competent minor can consent without parental consent, known as Gillick competence.
Treatment and Refusal
- If a minor under 16 refuses treatment, it can be overruled by parents if refusal is likely to result in harm.
- The consent of a parent may be necessary, and clinically desirable, for more invasive and risky treatments.
Parental Responsibility
- The definition of a parent can be complex, and may not always be the person accompanying the child.
- In English law, a father not married to the mother does not automatically have legal responsibility.
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