WHAT DOES CONSENT
TO TREATMENT MEAN?

What is treatment?

Treatment means any medication, tests, therapy, nursing and care given to you with the aim of helping you feel better and to get better. Not all treatments are the same though.

Consent to treatment according to age:

If you are 16 and 17

Adults, and anyone aged 16 and 17 must agree (give consent) to be medically treated, unless the person is detained under the Mental Health Act or they do not have the capacity to consent and emergency treatment is necessary. Anyone aged 16 and 17 can also be treated if there is a court order authorizing the treatment or it is an emergency.

An adult or someone aged 16 or 17 who lacks the capacity to consent to being treated may be treated under the Mental Capacity Act if it is felt to be in their best interests.

If you are under 16 years old

Young people under the age of 16 can consent to medical treatment if they have sufficient maturity and judgement (are Gillick competent) to enable them fully to understand what is proposed.

In some situations if a young person aged under 16 refuses treatment (does not consent) then this decision could be overruled by their doctor if they are detained , their parents or if a court orders it. However, unless the young person is detained, they can only do this if it is felt that ignoring the young person’s refusal to consent would be in the best interest of the young person. The decision to overrule the young person would need to take into account the psychological effect of having the decision overruled, as well as the physical effect of having the treatment. It may be necessary for the matter to go before a court for a decision.

Other issues to consider

The Mental Health Act Code of Practice says (this applies to informal and formal patients):

•   Permission given under any unfair or undue pressure (from anyone) is not ’consent'.

•   Consent should be sought for each separate part of your care and treatment as it becomes necessary. Sometimes your consent will be asked for in writing.

What if I’m not considered to be
‘Gillick Competent’

When a young person isn’t Gillick competent their parent can give consent for, or refuse, any treatment being suggested by the doctor if it falls within what is called the ‘parental zone of control’.

This means that before doctors can act on the parent’s authority they have to decide whether:

•   The parent is acting in the best interest of the young person

•   The parent’s consent is reasonable, given the type of treatment and the age of the young person.

If the doctor is unsure about either of these then they should go to court for a judgement

Exceptional situations

Some treatments, particularly ECT (Electro Convulsive Therapy), will not only require the consent of a young person with capacity, but will also need the authorisation of another doctor (unless it’s an emergency).

If you want to know more about what Human Rights Law may mean for your situation then you should discuss it with your doctor, an advocate or a solicitor.

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Initially funded by the Childrens Rights Alliance for England’s
Ready Steady Change Programme

Upgrade in 2008 funded by the National Institute for Mental Health in England
and the Department of Health

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