Safeguarding and Vulnerabilities Team

Can you consent for your child’s treatment and care?

Consent and permission is required before completing any treatment or investigation your child may need. This must be given by someone with parental responsibility. Parental responsibilities (PR) are the legal rights, duties, powers and responsibilities a parent has for their child.

Automatic Parental Responsbility (PR)

• Biological parent (mother)
• Biological father: has PR if he was married to the biological mother at conception/birth or if registered on the birth certificate.
• Adoptive parents: has PR once an adoption order is made.
• Same sex marriages: the biological mother or father who is named on the birth certificate has automatic PR. The non-biological parent needs to seek PR via adoption order/PR order. 

Children under the age of 16 can consent for themselves if they are assessed as ‘Gillick Competent’. This means they are mature enough to understand and consent to their treatment. However, complex surgery or decision making may need additional consenting from parents with PR. If your child is aged 16-17, then the Mental Capacity Act will apply.

No Parental Responsibility (PR)

• Unmarried fathers: do not automatically have PR unless they have a PR court order or are named on the child's birth certificate (GOV.UK - Parental Rights and Responsbilities)
• Grandparents, step-parents or other family members: do not have PR unless their is a court PR agreement. 
• Foster Carers

Child Arrangement Orders
Are a legal order given by a family court. They usually last until the child is 18 years old and you share parental responsibility with their parents.

Children in Care
Section 20 - Voluntary care order, parents share PR with social care. Section 31 - The Local Authority hold PR for the child. Social Care can consent to treatment.

Different types of Care Arrangement Orders for children

Informal Kinship Care
A private agreement for a relative to care for a child without court orders or local authority involvement. The carer has limited legal power, and parents remain legally responsible for the child and remain holding PR.

Kinship Foster Care
The local authority is involved and has placed the child with a relative or friend who has been assessed and approved. The child is considered "looked after" by the local authority, the LA often share PR with the biological parents. The caregiver does not hold PR.

Special Guardianship Orders
A legal order given by a family court. The child will live with the special guardian permanently until they are 18 years old and PR will be shared with the biological parents. The guardian can make nearly all major decisions about the child without asking for their permission.