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The language and landscape of the law in relation to consent in minors

Published online by Cambridge University Press:  11 March 2024

Sabina Dosani Open the ORCID record for Sabina Dosani [Opens in a new window]
Sabina Dosani*
Affiliation:
Consultant child and adolescent psychiatrist with Mind Professionals (Cambridge) and an Honorary Research Fellow in medical humanities in the School of Literature, Drama and Creative Writing at the University of East Anglia, Norwich, UK. She is a Medical Member of the First Tier Tribunal (Mental Health) and works as an independent expert witness. Her clinical interests are in neurodevelopmental disorders/neurodivergence and her research interests are in narrative medicine, illness narratives and the use of literature, drama and creative writing in medical education.
*
Correspondence Sabina Dosani. Email: s.dosani@uea.ac.uk
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Summary

This commentary reflects on two articles on consent in those under 18 years of age, known in law as ‘minors’. I consider why the language and landscape of the law in relation to consent in this age group can be alienating to psychiatrists, interrogate the legal complexities regarding consent in children and adolescents, refer to key aspects of relevant case law and end with practical suggestions that might improve clinical practice with cases that have the potential for legal complexity.

Keywords

Child and adolescent psychiatryconsent and capacityarts psychiatrypsychiatry and the lawcase law
Type
Commentary
Information
BJPsych Advances , Volume 30 , Issue 3 , May 2024 , pp. 189 - 191
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Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of Royal College of Psychiatrists

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Footnotes

†

Commentary on… Consent in minors. See this issue.

References

References

Hawkins, T, Curtice, M, Adams, T (2024a) Consent in minors: the differential treatment of acceptance and refusal. Part 1 Autonomy and children's rights. BJPsych Advances, this issue [Epub ahead of print] 5 Jun 2023. Available from: https://doi.org/10.1192/bja.2023.23.Google Scholar
Hawkins, T, Curtice, M (2024b) Consent in minors: the differential treatment of acceptance and refusal. Part 2 Minors’ decision-making and the reach of their capacity. BJPsych Advances, this issue [Epub ahead of print] 5 Jun 2023. Available from: https://doi.org/10.1192/bja.2022.76.Google Scholar
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Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363.Google Scholar
Gillick v West Norfolk Area Health Authority [1986] AC 112.Google Scholar
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