Children v Parents

Parents probably do not realise or do not give too much thought to the fact that their consent is needed not only to enable doctors to carry out treatment of their child, but even to examine it. So, before doctors or nurses can carry out even a simple examination they need parents’ consent. Sometimes, children can decide by themselves if they understand the situation.  But, what if a child and its parents do not agree with each other?

Some situations are very straightforward where oral consent is sufficient or even following certain instructions of a doctor suffices as a consent. For example, when a doctor tells his patient to open his mouth and then a parent encourages his child to do it or a child does it even before his parent says anything. In such situations it is obvious that there is a consent, either of a parent or of a child.

But, before an operation a written consent should be signed. People who have ‘parental responsibility’ over a child are entitled to give such a consent or to refuse to give such a consent for their child’s treatment, if it is under the age of 18. People with parental responsibility include mothers, fathers who were married to the child's mother at the time of conceiving or later, unmarried fathers with a court order or a parental responsibility agreement, and people taking care of children like grandparents with child’s parents authorisation.

However, parents should make decisions based on their child’s welfare or his best interests. But, children can also take part in the decision making. Although, children who are 16 years old can decide for themselves, if they are mature enough to understand the consequences. So, sometimes children may decide for themselves, for example, in relation to a vaccination. But, in relation to a serious operation parents would usually decide.

But, what can be surprising for some people, if a child does not want his parents to be aware of his treatment, doctors have to respect this decision. Generally, parents' decision is more important than of their child, so if a child does not give consent to a treatment, it can still be carried out if parents give consent. But, more time can be given for children to discuss their worries with their parents until they are convinced.

However, what may seem controversial, if parents do not consent for a particular type of treatment, for example contraception, doctors are allowed to give it to them and only encourage them to inform their parents about it.

Nevertheless, if parents are not happy about the doctors’ approach in relation to consent they can tell them about it or make a complaint by contacting NHS Direct or PALS Patient Advocacy and Liaison Service which simply and quickly helps to sort out any problems.

So, either a child makes a decision about his medical care or his parents. It depends on seriousness of the treatment, age of a child and its maturity. But, generally parents hold the responsibility of deciding for their child if it is under 18, especially if it is a serious operation.

https://www.nhs.uk/nhsengland/aboutnhsservices/documents/consent_%20aguideforparentsdh_4117353.pdf
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