Consent in children

The law around consent in children is complicated. However, as a rough guide:

• patients less than 16 years old may consent to treatment if they are deemed to be competent (an example is the Fraser guidelines, previously termed Gillick competence), but cannot refuse treatment which may be deemed in their best interest
• between the ages of 16-18 years it is presumed patients are competent to give consent to treatment
• patients 18 years or older may consent to treatment or refuse treatment

With regards to the provision of contraceptives to patients under 16 years of age the Fraser Guidelines state that all the following requirements should be fulfilled:

• the young person understands the professional's advice
• the young person cannot be persuaded to inform their parents
• the young person is likely to begin, or to continue having, sexual intercourse with or without contraceptive treatment
• unless the young person receives contraceptive treatment, their physical or mental health, or both, are likely to suffer
• the young person's best interests require them to receive contraceptive advice or treatment with or without parental consent

Consent in minors