Who is responsible for providing parental consent for children considering surgery and treatment?Obtaining valid consent is a fundamental process in dentistry. In the UK, this process is designed to ensure that patients can make informed decisions about their dental care. The age at which children and young people can consent to medical treatments and examination varies across Europe with a range of 14-18 years or depending on assessment of individual maturity and capacity. The UK General Dental Council’s Standards for the Dental Team states that a General Dental Council registrant “must obtain valid consent” and “must obtain written consent where treatment involves conscious sedation or general anaesthetic”.In England and Wales, patients aged over 18 years are classed as adults and can consent to their own treatment unless they are deemed to lack capacity. This is the same for patients aged 16-17 years, who are classed as “young people”. However, in some instances (albeit rarely in dentistry), if a 16-17-year-old with capacity refuses to give consent, this may be overridden by a court or a person with parental responsibility (PR). Those aged under 16 years are classed as “children”. The consent process for children differs from that of adults or young people. Three scenarios exist of how consent can be obtained for a child (under 16 years) in the UK:A child can consent for treatment if they are deemed to be “Gillick competent”.A person with PR can provide consent.A child can be treated in an emergency situation where treatment is deemed to be vital for the survival or health of the child by acting in the child’s best interests if consent by someone with PR cannot be sought.Gillick v West Norfolk and Wisbech Area Health Authority was a seminal legal case in 1985 pertaining to consent for medical treatment for children.4 It outlines circumstances where it is legally accepted for an individual under the age of 16 years to provide consent for their own medical treatment. If an individual is deemed to be Gillick competent and provides consent, then consent from a person with PR is not needed or valid. A fully inclusive list of individuals who may possess PR for a child (Table 1) is based on the Children Act 1989, the Adoption and Children Act 2002, the Children and Families Act 2014, and the Human Fertilisation and Embryology Act 2008.
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