Avoid being caught in the middle

Generally, people under the age of 18 years are capable of consenting to health treatment if they understand the nature, consequences and risks of the treatment. Whether the child has capacity to consent will depend on the age, maturity and intelligence of the particular individual and the nature and seriousness of the treatment.

Where the health practitioner concerned is of the opinion that the child is not capable of consenting, then either of the parents (or guardians) may consent to treatment, unless there is a Parenting Order to the contrary.

In most instances, it will be the parent and not the child who is paying the costs of treatment. For this reason, in cases where there may be disagreement about the course of treatment to take and who will cover the costs, it is good practice for practitioners to draw up a treatment plan setting out the proposed treatment, the estimated costs, and who will be responsible for payment. The treatment plan can then be signed by the consenting parent and kept on the file.

Practitioners should keep in mind that even where only one parent has consented to the treatment, both parents have the right to request access to the child’s clinical records (absent any Parenting Order to the contrary). By having a written treatment plan to hand, you can demonstrate to another parent (or guardian) who disagrees with the approach to treatment, that valid consent to the treatment has been given.

This article contains information of a general nature only, and is not intended to constitute the provision of legal advice.