0-18 years guidance: Assessing capacity to consent

1. 24. You must decide whether a young person is able to understand the nature, purpose and possible consequences of investigations or treatments you propose, as well as the consequences of not having treatment. Only if they are able to understand, retain, use and weigh this information, and communicate their decision to others can they consent to that investigation or treatment.⁵ That means you must make sure that all relevant information has been provided and thoroughly discussed before deciding whether or not a child or young person has the capacity to consent.
2. 25. The capacity to consent depends more on young people’s ability to understand and weigh up options than on age. When assessing a young person’s capacity to consent, you should bear in mind that:
3. 1. a. at 16 a young person can be presumed to have the capacity to consent (see paragraphs 30 to 33)
   2. b. a young person under 16 may have the capacity to consent, depending on their maturity and ability to understand what is involved.⁶
4. 26. It is important that you assess maturity and understanding on an individual basis and with regard to the complexity and importance of the decision to be made. You should remember that a young person who has the capacity to consent to straightforward, relatively risk-free treatment may not necessarily have the capacity to consent to complex treatment involving high risks or serious consequences.* The capacity to consent can also be affected by their physical and emotional development and by changes in their health and treatment.

* See paragraphs 70-71 for guidance on advice and treatment for contraception, abortion and sexually transmitted infections.

Assessing the capacity to consent subsections

• Children and young people who lack the capacity to consent (paragraphs 27-28)
• Young people who have the capacity to consent (paragraph 29)