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Obtaining Consent for Child Protection Medical Assessments

NCJ Number
228644
Journal
Child Abuse Review Volume: 18 Issue: 5 Dated: September-October 2009 Pages: 354-362
Author(s)
Carolyn Adcock
Date Published
October 2009
Length
9 pages
Annotation
This article reports on the legal requirement and process for seeking consent for child protection medical assessments and the possible action when consent is not given.
Abstract
The legislation relating to consent for medical assessment and treatment is in place to protect the rights and interests of the child. This report, aimed at professionals from health and statutory agencies, summarizes the legislation and guidance, and the doctor's responsibility for seeking consent for child protection medical assessments to promote a mutual understanding and more effective multi-agency working. Immediate consideration must be given as to whether emergency treatment may be required; even if consent is not obtained. The medical assessment can then be undertaken, once valid consent has been obtained from a competent child, from someone with parental responsibility or by authorization from the court. A competent child has a right to refuse an assessment. A child may be spoken to on his/her own, even if parental consent is refused, if considered to be in the child's best interests', with justification being offered and recorded. Doctors should not work in isolation. A discussion should take place with colleagues or with the named or designated doctor for safeguarding children, and legal advice sought as required. Figures and references