A critical analysis of legal and ethical issues regarding consent in childhood

Abstract

With the advent of nurse prescribing nurses now find themselves at the forefront of decision-making regarding issues of consent to treatment. In the course of the health visitor’s work, many prescribing situations occur involving young children. This critical incident analysis examines such a situation. The concept of ‘consent to treatment’ is defined, and consideration given to who can legally consent to a child’s treatment, the consequences of failing to obtain consent and the concept of ‘capacity’ to consent. Relevant statute and case law is discussed. What legal recourse a health professional might have if a parent refuses consent to treatment for their child is identified and ethical dilemmas concerning best outcomes for the child/parent/wider society, examined. Assessment of a child’s capacity to consent to treatment has significant implications for practice. This article, therefore, focuses on analysing a range of factors affecting the capacity of Alice, the subject of the incident. Health professionals’ own values and beliefs about childhood and their knowledge about children’s ability to make rational choices can influence how children are involved in the consent process. Names have been changed to ensure confidentiality.