Page 102 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
10 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
5.1. The impact of age on the ability to
give informed consent
able to.
 The treating health professional or delegate shall make the final decision on whether to provide the proposed treatment to the patient if the patient is not competent to consent and:
- there is no person with a legal right to consent for the patient; and
- there is no clear indication of the patient's wishes; and
- the provider has taken into account the views of other people
with an interest in the welfare of the patient; and
- the treatment reflects acceptable practice.
 Consent obtained by telephone can only be accepted if the health professional verifies the identity and authority of the person giving consent.
 Competence is not directly linked to age. Consent should be obtained from the patient to the extent that they are able to make an informed choice and give informed consent for the proposed treatment or services, regardless of age. Please refer to section 2.1 for the circumstances in which written consent should be obtained.
 The guardians of a child under 16 can give informed consent on behalf of the child. In general terms, efforts should be made to obtain consent both from the child (to the extent that they are capable of)
and the guardian. Exceptions to this requirement are:
- if the child is fully competent to give consent
- treatment carried out in an emergency
- females of any age have the right to consent to or refuse a
termination of pregnancy being carried out on themselves, provided they are competent to do so (Section 38 of the Care of Children Act 2004)
- contraceptive advice and treatment – there is no restriction on the supply of contraceptive advice or the prescribing of contraception to young people under 16 years of age
- in certain defined circumstances a child / person under the age of 16 years may be given a blood transfusion without his or her own consent or the consent of a guardian (see section 7 on Blood and Blood Products)
- the right of public healthcare clinicians to examine a child (or children) at a public school or childcare centre undersection 125 of the Health Act 1956
- where a compulsory medical examination has been ordered by the Family Court under section 49 of the Children, Young Persons and Their Families Act 1989
- where guardianship of the child has been vested in the court and the power to give or withhold informed consent rests with the court or its agent. (Section 31 of the Care of Children Act 2004).
- where the Chief Executive of Social Welfare has been appointed as sole guardian of the child, consent can only be given by the Chief Executive (Section 110(2)(a) Children, Young Persons and Their Families Act 1989). A child 14 years and over may apply to