Children’s consent when engaging with specialist services: guidance for professionals

This document includes information and signposting for professionals in Wales who are working with children and young people who have experienced violence against women, domestic abuse or sexual violence (VAWDASV)

On some occasions the child you are working with may wish to access specialist support services, however their parent or guardian decides not to give consent. Often a conversation with a parent to help them understand what to expect can prove helpful, and ultimately professionals should consider the voice of the child at all times. 

Hearing and understanding the views of children and young people should remain central to effective safeguarding practice. It is how professionals can best understand their lived experience and recognise their thoughts and opinions, ultimately leading to effective support and safeguarding. 

The information below will signpost you to guidance, procedures and legislation to support you as a professional during the process of ensuring consent for children and young people within your services. 

Article 12 of the UNCRC states that children have the right to be listened to and taken seriously. 

Article 13 of the UNCRC states that children have the right to find out and share information and say what they think (freedom of information) 

The Children’s Commissioner for Wales provides helpful information for adults and children regarding these rights, and expectations of children and young people. 

The Welsh Government also provides information on children’s rights from the viewpoint of a child ages 0 to 5.

The All-Wales Safeguarding procedures (available online or on the app) provides a wealth of information regarding both adult and children safeguarding practice. 

Section 2 of the Duty to report a child at risk of abuse, neglect and/ or harm section highlights the role of practitioners when seeking consent from parents and engaging with children during this time. It also provides guidance when engaging with a child without the knowledge or consent of the parent or carer.  

NHS Wales provides consent forms for clinicians in NHS Wales to obtain properly informed consent. Guidance for health professionals is available, which provides information regarding the circumstances where children under the age of 16 can give consent on their own behalf. 

There is also a leaflet available for children and young people to inform them of their rights in terms of giving consent in health care. 

The NSPCC hosts helpful information on both the Gillick competency and Fraser guidelines which help people who work with children to navigate the requirement to listen to the child’s wishes alongside ensuring their safety. 

NSPCC highlights that the 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

There may be circumstances where a person's ability to consent is temporarily impaired, for example through intoxication, fatigue, acute experience of trauma or through illness or injury. Where a temporary impairment is felt to be impacting a person's ability to consent themselves, the decision-making process should be delayed if possible. If waiting is not possible due to a medical emergency for example, consent should be sought from the person who holds parental responsibility, or, if over the age of 16, using best interest principles as per the Mental Capacity Act. NICE also provide further guidance on decision making and mental capacity.

You may also be able to access guidance from professional bodies. Examples may include the General Medical Council (GMC) or Nursing and Midwifery Council (NMC), the Health and Care Professions Council (HCPC), the General Pharmaceutical Council (GPhC), Care Inspectorate Wales (CIW) or Health Inspectorate Wales (HIW).

If you are ever unsure how to respond to a query regarding the informed consent of children when accessing your services, you should engage with your organisation’s safeguarding led to understand your responsibilities.