ABSTRACT

All professionals working with children and their families have to be aware of and consider a range of issues relating to consent, competence, capacity and confidentiality. Parental responsibility is defined in the Children Act 1989 as: All the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to a child and his property’. The general rule is that child protection trumps confidentiality. A plethora of guidance is available. The chapter aims to provide a brief summary of these issues and point to sources of information and advice. Consent is the voluntary and continuing permission of a patient to receive a particular treatment, based on adequate knowledge of the purpose, nature, likely effects and risks of that treatment, including the likelihood of its success and any alternatives to it. Health professionals must assess the capacity to consent for a particular treatment proposal at the time the treatment is proposed.