203 Consent

The Code of Health and Disability Services Consumers’ Rights (1996) establishes…

in Right 7 that every person receiving health or disability services is presumed competent to make an informed choice and give informed consent, unless there are reasonable grounds to believe otherwise.

Competence refers to…

a person’s ability to understand, weigh up and communicate decisions about their care.

This code recognises…

that competence is based on understanding, not age, meaning a child who can comprehend and reason about their treatment may legally consent to it.

This code applies…

this right universally, meaning children and adolescents are not automatically deemed incompetent due to age.

The clinician’s role is to…

determine the child’s level of competence, involve parents appropriately and ensure that any consent obtained is informed, voluntary, and understood.

The Care of Children Act 2004…

states that children aged 16 years or older can consent to medical and dental treatment.

For those under 16, …

competence is not determined by age alone, but by their ability to understand the nature, purpose, and risks of the treatment.

If a child demonstrates…

sufficient understanding, their consent is valid.

If the child is unable to…

comprehend the information or make a reasoned choice, consent must be obtained from a parent or legal guardian.

In a dental setting, …

clinicians assess competence through discussion, using age-appropriate language and diagrams or models to explain procedures.

If consent cannot...

be gained from a parent or legal guardian in a timely manner, or the parent/caregiver is not available or capable, it is possible to proceed with treatment if:

it is possible to proceed with treatment if:

• it is in the patients’ best interests not to delay care

• every reasonable effort has been made to seek informed consent from a person legally able to give consent

• views have been ascertained from other suitable persons interested in the welfare of the child

Clinicians must…

document all consent discussions clearly, noting who provided consent, the child’s level of understanding, and any follow-up actions.