Do You See Children in Your Practice? How Do You Gain Consent?

Consent for 16- and 17-Year-Olds

Patients aged 16 and 17 can consent to treatment if they have the capacity to do so.

What is Capacity?

Capacity means the ability to:

1. Understand the information provided about treatment.

2. Retain the information.

3. Weigh up the information to make an informed decision.

Patients aged 16 or over at the time of treatment do not require parental consent for physiotherapy. You must not share confidential information about 16- and 17-year-olds with parents or others unless you have specific permission or are legally required to do so.

While it is good practice to encourage young people to involve their families in treatment decisions, their choice must be respected. If a 16- or 17-year-old refuses to share information, you should uphold their decision. However, in certain situations, a parent or the Court may override a refusal of treatment.

Consent for Patients Under 16 Years

Children under 16 can provide consent for treatment if they have the capacity to do so. This is known as being Gillick competent. If a child is deemed competent, additional parental consent is not required. However, it is best practice to encourage the child to inform their parent unless doing so is not in the child’s best interests.

For consent to be valid, it must be voluntary. If you suspect a child is being pressured by another person, you must assess whether the consent is genuinely their own and valid. If a child has the capacity to make their own decisions, their valid consent cannot be overridden by a parent or guardian. However, a parent or the Court may override a child’s refusal of treatment in some circumstances. The context and reasons for the refusal should be carefully considered, and further advice sought if necessary.

Consent for Children Under 13

If a child under 13 lacks the capacity to consent—either due to their age or an inability to fully understand the treatment—consent may be given on their behalf by a a parent, guardian, or the Court. In cases where a parent or guardian provides consent, it is important that they fully understand the treatment and any associated risks. Healthcare professionals should ensure clear communication with both the child and their guardian to support informed decision-making. Additionally, if there are concerns about the best interests of the child, it may be appropriate to involve a multidisciplinary team or seek legal guidance to ensure the child’s welfare remains a priority.