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Competence and consent to treatment in children and adolescents
Open accessAbstract
English law on young people's consent to treatment and competence is complex and can even appear contradictory. For example, competent minors can consent, but their refusal can be overruled by the consent of a person with parental authority or by the court. This paper is an attempt to make sense of the topic for clinicians. It includes a discussion of the law and the small body of relevant research evidence. There are clinical case examples, checklists and guidelines for good practice. However, it is not a substitute for legal advice, which should be sought wherever doubt remains.
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“Well-elaborated checklists that offer guidelines for good practice do exist [7, 19]; however, the last one was written half a decade ago and systematic research data to underpin these guidelines are not available.”
From Why is it hard to make progress in assessing children's decision-making competence? (2015) · cites this paper as [7]
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References 16 · Cited by 58
Research works printed but not linked: 7
- 1999, Seeking Patient's Consent: The Ethical Considerations
- 1995, Assessment of Mental Capacity – Guidance for Doctors and Lawyers
- 1999, Code of Practice Mental Health Act 1983
- Rutter, 1999, Research and the family justice system: what has been the role of research and what should it be?, Newsletter of The National Council for Family Proceedings, 15, 2
- Shaw, 1998, The Inpatient Psychiatric Treatment of children
- 1999b, Reform of the Mental Health Act 1993
- 1999a, Consent to Treatment
Metadata
- Authors
- Shaw, M.
- Affiliations
- Royal College of Psychiatrists (GB)
- Corresponding author
- Shaw, Mike
- ORCID
- Shaw, Mike
- Venue
- Advances in Psychiatric Treatment
- Publisher
- Cambridge University Press (CUP)
- Published
- 2001-03
- Volume
- 7
- Issue
- 2
- Pages
- 150-159
- ISSN
- 1355-5146 (ISSN-L)
- 1472-1481
- OpenAlex
- W2111147913
- Cited by
- 58
- References
- 16
- Citations by year
- 2025: 5 · 2023: 1 · 2021: 4 · 2020: 1 · 2019: 2 · 2018: 3 · 2017: 5 · 2016: 4 · 2015: 8 · 2014: 5 · 2013: 4 · 2012: 1
- FWCI
- 1.32
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Advances in Psychiatric Treatment (publishedVersion)
- Topics
- Health Sciences › Medicine › Pediatrics, Perinatology and Child Health › Ethics and Legal Issues in Pediatric Healthcare
- Social Sciences › Psychology › Clinical Psychology › Healthcare Decision-Making and Restraints
- Social Sciences › Sociology and Political Science › Children's Rights and Participation
- Keywords
- capacity to consent, informed consent, children, adolescents, minors, parental authority, treatment refusal, English law, clinical guidelines, clinical decision-making
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- The paper
- Shaw, M. (2001). Competence and consent to treatment in children and adolescents. Advances in Psychiatric Treatment. https://doi.org/10.1192/apt.7.2.150
Data sources
Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.
