For consent to be valid: The patient must be competent – Mental capacity is decision-specific – Ability to understand, retain and weigh in the balance the information relevant to a particular decision – Able to communicate the decision – Minor cannot give consent until age of 16 (Gillick competence) The patient must have sufficient information to make a choice – – Explanation of the investigation, diagnosis or treatment – Probabilities of success, or the risk of failure. – Given time to ask questions.

For consent to be valid: The patient must be able to give their consent freely – – Pressuring patients into consenting to treatment invalidates the consent – Be given time to consider their options before deciding to proceed with a proposed treatment.

Gillick competence Gillick competence is a term originating in England. It is used in medical law to decide whether a child (16 years or younger) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge Children aged 16 and over are usually presumed to be Gillick competent. Children younger than 16 can however be deemed as Gillick competent.

Gillick competent means: For a particular decision, a young person Understands the problem and implications Understands the risks and benefits of treatment Understands the consequences if not treated Understands the alternative options Understands the implications on the family Able to retain (remember) the information Able to weigh the pros and cons Able to make and communicate a reasoned decision about what their wishes are.

Young people aged By virtue of section 8 of Family Law Reform Act 1969 – people aged 16/17 are presumed to be capable of consenting o their own medical treatment. However, the refusal of a competent person aged may in certain circumstances be overridden by either a person with parental responsibility or a court if it would in all probability lead to death or severe permanent injury.