Legal Update: Legal Q&A - Medical treatment without parental consent

A: Once a young person reaches the age of 16, there is a general presumption in law that he or she will have sufficient capacity to consent to medical treatment. Young people under the age of 16 may have capacity to consent to medical treatment, but are not automatically deemed to have legal capacity; it is a decision for the medical professional.

There is no minimum age at which children can be regarded as competent to consent, and each case is dependent on the individual young person. The 1986 case, Gillick v West Norfolk and Wisbech Health Authority, set out the test that should be applied in determining whether a child or young person has capacity to consent to treatment. In this case, Lord Fraser held that "... whether or not a child is capable of giving the necessary consent will depend on the child's maturity and understanding and the nature of the consent required. The child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent".