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A Parent/Guardian's Guide to Your Child Turning 16
Your child is 16, what does this mean?
From the age of 16, your child will be considered responsible for their own healthcare. People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances. If a young person refuses treatment, which may lead to their death or severe permanent injury, their decision can be overruled by the Court of Protection under the Mental Capacity Act.
How does this apply to our surgery?
When your child turns 16 we will ask them to provide us with up to date contact information. We will remove any phone numbers or email address' that do not correspond directly to your child from their medical records, unless a consent to share form is completed. A consent to proxy access form can be collected by hand at our reception desk, this form must be completed and signed by the patient. This form gives permission to share all or some aspects of your child's healthcare with you and/or another guardian.
Booking or attending appointments
From the age of 16, your child can book and attend appointments alone. We expect your 16 year old to book their own appointments, unless we have a signed consent to proxy access from them. We will not be able to share any information about their healthcare, appointments or medications without this form. If your child has decided to not share their healthcare information with you we expect to communicate with your child directly.
Prescriptions and medications
Your child will be expected to pay for their own prescriptions unless they are still in full time education, pregnant or receiving benefits. They will need to order their medications themselves by hand or by using our Online Services. You will not be able to order your child's prescriptions without a consent to proxy access form from your 16 year old.
Mental capacity and your 16 year old
When your child reaches 16 years of age they will fall under the Mental Capacity Act. This means that they must be assumed to be able to make decisions for themselves, including health-related decisions such as giving consent for examinations, treatments and tests.
If your child is aged between 16 and 18 you will only be able to make these decisions for them if they lack the mental capacity to do so and you have Parental Responsibility for them. You may not be able to make all health-related decisions on their behalf.
Having mental capacity means being able to use and understand information necessary to make a decision and to communicate that decision. Someone who is able to do this is said to have capacity and someone who is not able to do this is said to lack capacity. Capacity is decision-specific and each decision must be considered separately. This means your child’s capacity must be assessed every time a decision has to be made. Capacity can vary according to how complicated the decision to be made is. For example your child might have capacity to decide what to wear or eat, but lack capacity to make complex health-related decisions. It is possible for someone to temporarily lack capacity due to ill-health, medication or stress.
The Mental Capacity Acts says that someone must be able to do all of the following:
- Understand the decision that has to be made and all the information relevant to that decision
- Retain the information long enough to make the decision
- Balance the information (weigh up the pros and cons)
- Communicate their decision
If you child is unable to do any of the above they will be assessed as lacking capacity for that decision at that time.
If it is clear that your child isn’t able to make a particular decision then the decision must be taken on their behalf. The person making the decision may vary depending on the type, or complexity, of decision to be made. You might be able to make the decision or it might be made by a health professional or a social worker acting in your child’s ‘best interests’.
Gillick competence
Gillick competency applies mainly to medical advice but it is also used by practitioners in other settings. For example, if a child or young person:
- Would like to have therapeutic support but doesn't want their parents or carers to know about it is seeking confidential support for substance misuse
- Has strong wishes about their future living arrangements which may conflict with their parents' or carers' views.
Medical professionals need to consider Gillick competency if a young person under the age of 16 wishes to receive treatment without their parents' or carers' consent or, in some cases, knowledge.
If the young person has informed their parents of the treatment they wish to receive but their parents do not agree with their decision, treatment can still proceed if the child has been assessed as Gillick competent.
Useful contacts
Family Lives
National charity providing support for all aspects of family life.
- Telephone: 0808 800 2222
- Visit the Family Lives website
Mermaids
Supporting trans and gender diverse children, young people and their families.
- Telephone: 0808 801 0400
- Visit the Mermaids website
Wellbeing
Provide a range of support for people with common mental health and emotional issues.
- Telephone: 0300 123 1503
- Visit the Wellbeing website
Suffolk Family Carers
Helping family carers of all ages across Suffolk.
- Telephone: 01473 835477
- Visit the Suffolk Family Carers website