Youth health and consent

This is general information and doesn't constitute a legal opinion.

Who can consent to medical treatment? 

A person can independently agree to or refuse medical treatment from 16 years of age. 

Young people under the age of 16 can consent to: 

• an abortion and to contraceptive advice and treatment (Guardianship Act 1968, Contraception, Sterilisation and Abortion Act) 
• administration of a blood transfusion in certain circumstances (Health Act 1956). 

Where the court has guardianship of a child, the court or its agent has the power to give or withhold consent (Guardianship Act 1968). 

Children undergoing services in schools/ECE services authorised under section 125 of the Health Act 1956.  

These situations are all regulated by specific statutory provisions. In all other situations the legal position is governed by the Code of Health and Disability Services Consumers’ Rights and common law. 

Common law 

• In 1985 the House of Lords (Gillick v West Norfolk and Wisbech AHA) decided that whether or not a child can give an effective consent to medical treatment depends on the child's individual capacity to make an informed decision. 

• The practitioner must determine whether the child has the understanding and maturity to form a balanced judgement about the proposed treatment. If so, the child can be treated without obtaining parental consent. 

Determining competence is a case-by-case basis, both situation and treatment specific. It takes into account: 

• age 
• functional maturity 
• complexity of the information being given 
• seriousness of the medical condition  
• implications for the child/young person of treatment and non treatment. 

What if a child asks that their parents not be informed?

• A case-by-case basis. 
• Where it is clearly appropriate (in terms of safety and support needs) the practitioner should discuss the matter with the child/young person and encourage (not coerce) the child/young person to involve their parents. 
• In some situations, disclosure may be necessary to keep the child safe. 
• If a young person is deemed competent, and in the absence of a concern of risk of harm, they are entitled to confidentiality. 

For more information

If you have questions about when or what to disclose to parents of children or young people, below are some useful resources for health professionals.