0-18 years guidance: Children and young people who lack capacity to consent

1. 27. If a child lacks the capacity to consent, you should ask for their parent’s consent. It is usually sufficient to have consent from one parent. If parents cannot agree and disputes cannot be resolved informally, you should seek legal advice about whether you should apply to the court.⁷
2. 28. The legal framework for the treatment of 16 and 17-year-olds who lack the capacity to consent differs across the UK:
3. 1. a. In England, Wales and Northern Ireland, parents can consent to investigations and treatment that are in the young person’s best interests
   2. b. In England and Wales, treatment can also be provided in the young person’s best interests without parental consent, although the views of parents may be important in assessing the young person’s best interests (see paragraphs 12 and 13)⁸
   3. c. In Northern Ireland, treatment can be provided in the young person’s best interests if a parent cannot be contacted, although you should seek legal advice about applying for court approval for significant (other than emergency) interventions
   4. d. In Scotland, 16 and 17-year-olds who do not have the capacity to consent are treated as adults who lack capacity and treatment may be given to safeguard or promote their health.⁹