Consent in minors: the differential treatment of acceptance and refusal. Part 2 Minors’ decision-making and the reach of their capacity
Hawkins, Timothy Curtice, Martin
Hawkins, Timothy
Curtice, Martin
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Affiliation
Cornwall Partnership NHS Trust; Coventry and Warwickshire Partnership NHS Trust
Other Contributors
Publication date
2023-06-05
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Abstract
This is the second of a pair of articles reviewing the topic of consent in minors. Both articles have a particular emphasis, drawing on theory and case law, on the differential treatment of acceptance and refusal in minors. This article considers the concept of capacity in young people (aged 16 and over) and competence in children (under the age of 16) by reviewing underpinning statute and case law with particular reference to England and Wales. This provides a platform for consideration of the reach of capacity in minors with regard to acceptance and refusal of treatment. In doing so the article explores the key, but still elusive, ingredient of maturity, which has significance to the process. Fictitious vignettes allow consideration of the application of the concepts of maturity and autonomy in clinical practice. The article also considers the potential for the UK's Parliament to make changes to current statute regarding consent in minors.
Citation
Hawkins T, Curtice M. Consent in minors: the differential treatment of acceptance and refusal. Part 2 Minors’ decision-making and the reach of their capacity. BJPsych Advances. Published online 2023:1-12. doi:10.1192/bja.2022.76
Type
Article