Health professionals should involve children and young people as much as possible in discussions about their care, even if they are not able to make decisions on their own. Decision-making with older children will often be a matter of negotiation between the child, those with parental responsibility and clinicians. The health professional would be acting without consent but would be justified in an emergency in the best interests of the child in order to save the child's life. A child or person with parental responsibility cannot compel a health professional to uphold their wishes if the health professional believes they are contrary to the child's best interests. The Children Act 1989 sets out the duties and responsibilities owed to children by parents and other bodies. The health professional who treats a child in hospital emergency would have a defence to an allegation of trespass to the person.