Medical Consent Form For Minor Template for England and Wales

A person with parental responsibility under the Children Act 1989 may consent on behalf of a child under 16. For 16 and 17 year olds, the young person may consent in their own right under section 8 of the Family Law Reform Act 1969. A child under 16 assessed as Gillick competent may also consent without parental involvement.

Gillick competence means the child has sufficient maturity, intelligence, and understanding to comprehend the nature, purpose, and likely consequences of the proposed treatment. It is assessed individually by the treating clinician on a decision-by-decision basis. A child may be Gillick competent for a straightforward treatment but not for a more complex intervention with serious risks.

Parents can withhold consent, but the courts can override a parental refusal if treatment is in the child's best interests. The High Court's inherent jurisdiction allows it to authorise treatment over parental objection in serious cases. Local authorities may also apply for emergency protection orders where a parental refusal endangers the child's life or health.

The form should state the child's name and date of birth, the name and relationship of the person consenting, a description of the proposed treatment and its material risks, confirmation that the consenting person has parental responsibility, and their signature and date. Where the child is Gillick competent, their own understanding and agreement should also be recorded separately.

This is a complex area of English law. While section 8 of the Family Law Reform Act 1969 gives 16 and 17 year olds the right to consent, the courts have held that a parent or the court can in some cases authorise treatment over the young person's refusal, particularly where the refusal is life-threatening. The young person's views carry significant weight but are not always determinative.

Not automatically. A step-parent acquires parental responsibility only by marrying or forming a civil partnership with the child's parent and agreeing a parental responsibility agreement, by court order, or by adopting the child. Without parental responsibility, a step-parent cannot provide valid medical consent. Clinicians should check who holds parental responsibility before accepting consent.

Either parent with parental responsibility may consent independently unless a court order restricts that right. The consent form should record which parent has given consent. Where both parents hold parental responsibility and they disagree on treatment, clinicians may need to involve the courts, particularly for significant, non-urgent interventions. Emergency treatment may proceed if it is in the child's best interests regardless of parental dispute.

A Gillick-competent child has the same right to medical confidentiality as an adult. Clinicians should not share health information with parents without the child's consent unless there is a serious safeguarding concern. Clinicians should explain confidentiality limits to the child at the outset. The General Medical Council's guidance on confidentiality for children and young people provides detailed practical advice for practitioners.