Improving consent practices in paediatric populations: what can be done?

Improving consent practices in paediatric populations: what can be done?
Letter
Matthew Formstone, Laura Bengree, Robert Wheeler
Archives of Disease in Childhood, 11 January 2025
Excerpt
    The Mental Capacity Act 2005 (MCA) and Gillick judgement,1 taken together, establish clear legal principles to guide consent practices in paediatrics. However, a recent retrospective review of local consent practices highlighted significant shortcomings, primarily concerning clinical documentation.
Our study reviewed consent practices in oncology and surgery in a UK children’s hospital, analysing clinical notes and consent forms from 63 children. Among under-16s, only three patient records explicitly documented competence, while most children apparently deferred consent to parents, although this conclusion remains speculative since no explanation was recorded. Even among presumedly capacitous 16-year-olds and 17-year-olds, documentation of decision-making processes was very poor. We have no reason to believe our…