Sexual Health and The Law

Age of Legal Capacity.

An important part of sexual health is the ability to get medical advice quickly, easily and confidentially. It is often thought that if someone is under 16 that they have to get permission from their parent or guardian to go for treatment, or that the parent or guardian has to be there. This is not necessarily the case.

Anyone can go and see a doctor or nurse, and they can expect the visit to be confidential even if they are under 16. As far as any treatment goes, if someone under 16 can show the doctor or nurse that they are capable of understanding the full nature and possible consequences of the procedure or treatment, then they have legal capacity to consent. If the doctor or nurse is satisfied this is the case, they can go through with the treatment without having to get permission from their parent or guardian. (This also applies if a young person wants to withhold consent to medical treatment.)
Age of legal capacity
In some cases a second medical professional may need to confirm this understanding, and any doctors should respect the rules of professional confidentiality.

In the majority of cases, people under 16 are accompanied by their parent or guardian. If a person under 16 is seen alone, there is usually some effort made to persuade them to inform their parent/guardian, unless it is not in their best interests. If the doctor or nurse does not feel that the person under 16 has enough understanding of the treatment or procedure then parental/guardian consent will needed.

In all situations, young people should be kept fully informed about their condition and any treatment so that they can make sure their rights are upheld. Even if they do not have enough understanding for legal capacity to consent, they should get as much information as possible and have their wishes taken into consideration.