Before a young person or child can have any form of investigation or treatment (i.e. an operation) consent is required in agreement to the investigation or treatment. 

Before giving consent, the team caring for the young person or child will discuss:

• Why the treatment is necessary
• What the treatment involves
• The benefits of having the treatment
• The risks associated with the treatment
• Whether there are any alternatives
• What may happen if the young person or child does not have the proposed treatment

Always say if there are any questions you want answered or further information you may wish to know. Sometimes it is helpful to write down a list of questions in advance, so you don’t forget anything. Children and young people also have the right to know what is wrong with them and what treatment is being offered. This information will be shared with them sensitively and given in a manner appropriate to their age and understanding.

Parental responsibility

Parental responsibility means the legal rights, duties, powers, responsibilities and authority a parent has for a child or young person. 

• Young people aged 16 - 18yrs of age (when a young person reaches 18 years of age, parental responsibility consent no longer exisits) 
• Children under 16 years of age may be able to give consent if they understand fully what is involved in the proposed treatment. 

If you require further advice on this matter, please contact the Safeguarding lead nurse available via main switchboard on 0121 685 4000

In order to ensure children and young people understand themselves, a member of staff will complete a competency checklist; this may be completed in pre-operative assessment checks or on admission. Please note if a child or young person refuses to consent, those with parental responsibility may be able to over-ride this decision up until the age of 18 years.

Who has parental responsibility?

Biological mother 

Biological father...

who is married to the biological mother at the time of conception, birth or married the mother after the birth of the child

Unmarried biological fathers...

If the fathers:

• name appears on the birth certificate
• obtained a parental responsibility agreement through court
• to be married to the biological mother 

Adoptive parents...

Once an adoption order is made. This also applies to non-biological parents in a same sex relationship

A local authority representative...

E.g., a social worker whereby a child is subject to a local authority care order e.g., a looked after child section 20.

Non-biological mother in a same-sex relationship with the biological mother...

If in a civil partnership/ marriage at conception.

Unmarried couples wishing to obtain a parental responsibility agreement must:

• Obtain a form from a solicitor or family court
• Go in person to the local magistrate’s court or county court to get it signed
• Send it to the principal registry of the family division

Even if the marriage breaks down, both father and mother will continue to have parental responsibility. Fathers, please do not be offended if we ask you for evidence (ie a copy of birth certificate) that you hold parental responsibility. This needs to be filed in your child’s notes for the purpose of consent and information sharing. If you have any queries about this, please do not hesitate to ask a member of staff.

Please note consent can be obtained from either mother or father if they hold parental responsibility.

Who doesn’t have parental responsibility?

• Grandparents or close relatives - unless there is a court approved parental responsibility agreement
• Foster carers
• Step-parents - unless there is a court approved parental responsibility agreement
• School teachers/child minders

If consent for a proposed procedure for the child or young person cannot be obtained and as a result of non-treatment or a delay in treatment, there are potentially life threatening or life limiting consequences the trust may have to seek legal advice to act in that child or young person’s best interests.

It is important wherever possible that a person with parental responsibility attends hospital with the child or young person, as the staff may need to discuss planned procedures or treatment with them.