Consent and Parental Responsibility

Course Outline:

The whole area concerning parental responsibility, a child’s consent, Gillick competence and mental capacity is complex and leaves many professional anxious uncertain as to the correct process, determination and outcome. This course aims to provide social care and health care professionals with the greater knowledge, skills and confidence to arrive at best interest decisions. 

In the training session delegates will explore the complex interface between a child’s consent, competency and lack of capacity as against the parents’ consent and capacity and the position of the local authority.

If a child is young we often look to the those with parental responsibility to provide consent but professionals may be concerned regarding the young age and/or the presentation of the parent or any other significant factors such as a teenage parent, substance misuse, mental health, learning disabilities, mental capacity, control & coercion, domestic abuse or English is not their first language.

Alternatively with older children, there is a presumption that if a child is Gillick competent they should entitled to make their own decisions and provide consent , particularly those in care, so how do professionals ensure that older children have been consulted and their wishes, feelings and views have been ascertained and listened to regarding consent and at all times they are involved in the decision-making process. 

Delegates will explore appropriate forms of resolution where there are disputes regarding parental responsibility as between the parents, as between a parent and a child or between a child, their parents and the local authority. This will include consideration of the definition of parental responsibility within the Children Act 1989 and the inherent jurisdiction of the High Court pursuant to section 100.

Other legislation relevant to the issue of consent will also be identified to include the Family Law Act 1969, the Mental Capacity Act 2005, the Mental Health Act 1983, the Family Law Reform Act 1969, the Human Rights Act 1998 with the aim of striking a balance between the child or young person’s right to autonomy and make their own decisions and the need to protect and safeguard children and young people.  

Delegates will also consider the complexities regarding the sharing of information , consent and confidentiality with reference to the Working Together to Safeguard Children (2023), UKGDPR and the Data Protection Act 2018 in relation to all children, with specific reference to those in care and those that may have life limiting conditions or suffering from a chronic illness.

Key Learning Outcomes:

• Identify the issues to be addressed in your report
• Use a structured approach to preparation and writing
• Express an independent view and arguing your conclusion
• Handle supporting information
• Develop an objective and critical eye in relation to your report
• Insulate your report against cross-examination
• Deal with procedural requirements, including The Expert’s Declarations