Parent consent, Gillick Competence and Human Rights

Parent consent is vital in a range of different areas involving children. This can be used through the use of treatments, procedures, photographs, and school trips. It is important that before any of this takes place that parents’ consent to what will happen and when it will happen. This is due to the child not yet having the right to make their own decision. At the beginning of the school term parents will be given a list of consent forms to sign which will allow their child to take part in a number of different tasks. This is the same if the child is admitted into hospital; parents will have to sign a consent form to allow medication to be given or a procedure to take place. It is important that the risk factors are given within the consent form and the parents are aware of exactly what will take place and why it will take place. Children who attend activities outside of school such as summer scheme will also be under consent from their parents.

Gillick competency and Fraser guidelines refer to a legal case which looked specifically at whether doctors should be able to give contraceptive advice or treatment to children under the age of sixteen without parental consent. But since then, it has been more widely used to help assess whether a child has the maturity to make their own decisions and understand the implications of those decisions.

“…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.” (Gillick v West Norfolk, 1984)

Professionals working with children will need to consider how to balance children’s rights and wishes with their responsibility to keep children safe from harm. Underage sexual activity should always be seen as a possible indicator of child sexual exploitation. Sexual activity with a child under thirteen is a criminal offence and should always result in a child protection referral.

The Human Rights Act is a UK law which was passed in 1998. It allows you to defend your rights in the UK courts and that public organisations must treat everyone equally, with fairness, dignity and respect. The Human Rights Act protects all of us; young and old, rich and poor. Hopefully you will never need to rely on it, but every year hundreds of people do.

The Act sets out the fundamental rights and freedoms that individuals in the UK have access to. They include;

  • Right to life
  • Freedom from torture and inhuman or degrading treatment
  • Right to liberty and security
  • Freedom from slavery and forced labour
  • Right to fair trial
  • No punishment without law
  • Respect for your private and family life, home and correspondence
  • Freedom of thought, belief and religion
  • Freedom of expression
  • Freedom of assembly and association
  • Right to marry and start a family
  • Protection from discrimination in respect of these rights and freedoms
  • Right to peaceful enjoyment of your property
  • Right to education
  • Right to participate in free elections

 

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