Before any patient can be examined or treated he or she must give informed consent to such examination or treatment. At Brightwell Clinic you will be asked on the Clinic Registration From to indicate whether or not you consent to examination and treatment and to disclosure of medical information to your GP.

Consent for Children and Young People

1. Over-riding principle

Before examining or treating a child or young person a practitioner at Brightwell Clinic must seek a valid consent.

* Young people aged 16 and 17 are presumed to have the competence to give consent for themselves

* Younger children who understand fully what is involved in the proposed procedure can also give consent (the child is said to be 'Gillick competent' although their parents will ideally be involved).

* In other cases, some- one with parental responsibility must give consent on the child's behalf, unless they cannot be reached in an emergency

2. Gillick Competence

In the case Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402 (HL). The House of Lords was asked to rule on the giving of consent in the case of a child. Lord Justice Scarman said:

'As a matter of law the parental right to determine whether or not their minor child below the age of 16 will have medical treatment terminates if and when the child achieves sufficient understanding and intelligence to enable him to understand fully what is proposed.'

This has become known as Gillick Competence.

3. Consent for Child under 16 who is not Gillick Competent

The consent must be given by a person with parental responsibility. Typically this will be:

1. the mother who automatically has parental responsibility

2. the father where he is married to the child's mother

3. a father, who is not married to the child's mother but who has a current residence order in respect of the child.

It is the responsibility of the person giving consent to confirm that he or she has parental responsibility for the child being treated. Please do not be offended if the practitioner specifically requests such confirmation.