WAQ74088 (e) Tabled on 16/08/2017

What measures are available for parents or guardians to take if a health board in Wales refuses to meet with them to discuss the treatment of their child?

Answered by Cabinet Secretary for Health, Well-being and Sport | Answered on 24/08/2017

Children have individual rights as recognised in accordance with the United Nations Convention on the Rights of the Child (UNCRC). A 16 year old gives their own consent to healthcare and is assumed to be competent until there are grounds to consider otherwise.

A child under the age of 16 assessed to be Gillick competent, has the same rights to confidentiality as any other patient, and the clinician’s duty of confidentiality applies whatever the patient’s age.  The standard recommended practice is to discuss with the under 16 year old the advantages of involving the parents but, if the child declines, confidentiality must be maintained or the clinician risks a charge of professional misconduct.

Safeguarding concerns would require appropriate risk assessment to be undertaken, but this would be from a fundamental position that the competent individual is entitled to act autonomously in their healthcare choices.

If the child is under 16 and not Gillick competent, and those with parental responsibility feel they are not receiving an appropriate response from the health board, they should use the Putting Things Right process, with advocacy support from the Community Health Council if required.