Consent to treatment means a person gives their permission before they receive any type of medical treatment, test or examination.
According to the British Medical Association (BMA), informed consent is defined as:
“The process by which a patient learns about and understands the purpose, benefits, and potential risks of a medical or surgical intervention, including clinical trials, and then agrees to receive the treatment or participate in the trial.”
Consent must be voluntary and informed in order for it to be valid and the person consenting must have the capacity to make the choice. Capacity would be where the person is capable of giving consent and this would include understanding the information relating to the proposed treatment.
The information presented must be in easy to understand language where the benefits and risks can easily be understood. It should also explain the consequences of not having treatment. Any information should include alternatives.
Competent adults can refuse to consent to any treatment and such refusals must be respected. People over 16 are presumed to have the capacity to consent to treatment unless there is evidence to the contrary.
Informed consent and children
According to the NHS.UK website:
“Children under the age of 16 can consent to their own treatment if they’re believed to have enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment.”
In order for a child/young person to make a decision they have to understand the choices and the consequences of those choices. They must have an understanding of the proposed treatment and any potential side effects. They must be free from undue pressure to make those decisions.
A person with parental responsibility has the right to consent to treatment on behalf of the child where he or she cannot provide consent themselves.
Those with parental responsibility cannot override the decision of someone who is 16 and 17 years old who has either refused or consented to treatment, as long as they have capacity to make that decision.