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Educational draft · awaiting clinical reviewUse Rapid for revision, not patient-care decisions. Check current national and local guidance and the BNF or BNFC before acting.

Consent, assent and parental responsibility

Paediatrics and child health · UK scope · Sources checked 27 Aug 2026 · Clinical review pending

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Urgent treatment without available consent

Necessary treatment must not be delayed when a child faces death or serious deterioration and no authorised decision-maker can be reached.

Action: Give immediately necessary treatment in the child's best interests, using the least restrictive effective option and recording urgency, alternatives and senior decision. Continue attempts to identify and contact a person with parental responsibility and involve safeguarding, legal or police support only as the circumstances require. Explain what happened to the child at their level and to the authorised adult as soon as possible, and obtain consent for ongoing non-emergency care.

Synopsis

Obtain valid paediatric consent, assess decision-specific competence, involve children through assent, verify parental responsibility and act lawfully during disagreement, incapacity or emergency.

  • Consent is a voluntary, informed decision by a person with legal authority and sufficient capacity or competence for that specific decision at that time.
  • Young people aged 16 and 17 are presumed able to consent to their own medical treatment unless evidence shows they cannot make the particular decision.
  • A child younger than 16 can consent when Gillick competent: able to understand, retain, use and weigh the relevant information and communicate a choice.
  • Competence is decision specific; a child may decide a simple low-risk treatment but not yet understand a complex high-consequence intervention.
  • Seek assent from children who cannot legally consent: explain, invite questions and respect cooperation and dissent as far as safety permits.
  • Parental responsibility is a legal status, not the same as biological relationship, daily care, next of kin or attendance at the appointment.
  • Usually one person with parental responsibility can consent, but major disagreement about significant non-urgent treatment needs resolution and often legal advice.
  • Give developmentally appropriate information about purpose, process, benefits, material risks, alternatives and what happens without treatment.
  • Do not promise absolute confidentiality; explain that information may be shared to protect the child or another person from serious harm.
  • A competent child or young person can seek confidential advice and treatment; encourage safe parental involvement but do not make it an automatic condition.
  • In an emergency, treat in the child's best interests when delay to find consent would risk death or serious harm and document the justification.
  • Record who decided, their authority, information provided, questions, the child's views, capacity or competence assessment, disagreement and the agreed review point.

Key red flags

A parent refusing treatment needed to prevent death or serious irreversible harm requires immediate senior, safeguarding and legal escalation; emergency care continues when delay is unsafe.

A competent young person's refusal, especially of high-consequence treatment, is legally complex and must not be overridden casually by a clinician or relative.

An accompanying adult is not automatically authorised to consent; verify relationship and parental responsibility before non-urgent significant treatment.

Coercion, family violence, exploitation, communication barriers or a child looking to an adult before every answer can undermine voluntariness and require private safeguarding assessment.

Consent obtained for one procedure, indication or level of risk does not automatically cover a materially different intervention.

Investigation priorities

01
First-line: decision-specific capacity or competence assessmentFirst stepFirst line

Identify whether the child or young person can authorise this intervention.

02
First-line: parental-responsibility verificationFirst line

Confirm authority when an adult is asked to consent for the child.

Management branches

Young person aged 16 or 17Presume capacity and support decision

A 16–17-year-old is offered investigation or treatment.

  1. Provide accessible information directly and assess capacity only when there is reason for doubt.
  2. Obtain and document the young person's voluntary decision and invite family involvement with permission when safe.
  3. For high-consequence refusal or incapacity, seek senior and legal advice rather than assuming parental consent automatically resolves it.
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Sources and review status4 sources · checked 27 Aug 2026 · clinical review pending+
Sources

Sources and review status

National guidance is shown before implementation-dependent detail. Apply principles in context and verify current guidance when a decision affects care. Source check completed 27 Aug 2026; clinical approval remains outstanding.

  • GMC 0–18 years professional standardsUK competence, confidentiality, parental involvement, best interests and disagreement standards.
  • GMC decision making and consentUK shared decision-making, material information, capacity and documentation duties.
  • NHS consent to treatment for childrenUK age, Gillick competence, parental responsibility and emergency consent overview.
  • GOV.UK parental rights and responsibilitiesCurrent legal routes by which adults hold parental responsibility in England and Wales.

Editorial contact: Doctor’s Passport editorial team. Source-check date is separate from clinical approval. Report a content problem · Content changes

Authoring stateRapid draftClinical stateAwaiting reviewJurisdictionUnited Kingdom