Adolescent decision-making and the zone of parental control: a missed opportunity for legislative change

Abstract

SummaryIssues relating to the consent of individuals under 18 years of age in England and Wales are covered by the Family Law Reform Act 1969, the Children Act 1989, the Mental Health Act 1983 (to some extent) and case law. Legislation on the consent of minors to hospital admission and treatment is complicated and contradictory, leaving clinicians unsure when to rely on the consent of the minor or that of someone with parental responsibility. This article reviews the concept of the zone of parental control (ZPC), introduced in England in 2008. It argues that this concept is too vague and subjective to provide any clear guidance on who can give consent for a minor's admission and treatment.LEARNING OBJECTIVES•Understand the concept of the ZPC and its relevance to clinical practice.•Determine the appropriate legal source of consent or refusal for children and young people.•Consider using formal powers (as against parental consent) with children and young people refusing admission and/or treatment.