Psychological assessments and treatments of children: Parental consent

Working with children has its own challenges. One of those, whilst not necessarily directly affecting the work itself, but that can store up issues down the line, is obtaining parental consent for the assessment or treatment of children.

In this article we provide some tips for gaining appropriate consent, to hopefully avoid any pitfalls, and for involving the relevant parties in the assessment/treatment process.

Disclaimer: Please note that this is a brief article which highlights some key points and general issues. Please seek specific advice in the event that you are faced with issues related to parental consent as it can be complex and the law may differ in, for example, England and Scotland.

What is parental responsibility?

Parental responsibility includes being responsible for meeting the basic needs of a child and includes consenting to treatment for medical and psychological issues.

Who automatically has parental responsibility?

A mother automatically has parental responsibility for a child from birth, however a father only has parental responsibility if he is named on the child’s birth certificate or is married to the mother.

Who can gain parental responsibility?

A father not named on the birth certificate or married to the mother of the child can sign a parental responsibility agreement with the mother of the child which, to have standing, should be signed and witnessed in the family court. The child’s birth certificate and father’s proof of identity will be required by the court. A similar arrangement can be made without the agreement with the mother via a court order resulting in a parental responsibility order.

In same sex partner relationships both partners have parental responsibility if they were civil partners at the time of the fertility or donor treatment.

Parental responsibility can be applied for depending on the association with the child, for example a step-parent.

It is possible for more than two people to have parental responsibility for one child.

How is the right of parental responsibility proved?

Proof of parental responsibility is made via a document which proves that there is a relationship with the child - this could be a birth certificate with the party named on it or a consent letter signed and dated by the parent of the child. Additionally, this may need to be backed up with documents containing an address, the child’s address and confirmation of the child’s date of birth.

As a therapist what permission do you need to work with a child?

People aged 16 or over are entitled to consent to their own treatment (this can be overruled in exceptional circumstances).

Children under the age of 16 can consent to their own treatment if they are believed to have sufficient intelligence and competence to appreciate what is involved in their treatment – known as being  ‘Gillick competent’.

If the child is not Gillick competent then permission from someone with parental responsibility for the child is needed. Generally, you do not need the permission of both/all parties with parental responsibility, but it can be advisable to seek to obtain consent from all those with parental responsibility, particularly if there are significant issues involved.

Why is it important to get the right consent?

It can be helpful to involve those with parental responsibility because a full history and unique insights and experiences can be obtained, that will contribute to the treatment or assessment of the child.

A person with parental responsibility who is not aware of an assessment/treatment being undertaken may be angry if they learn about it and this may be directed at the therapist, potentially in the form of a complaint to a professional regulator.

How to make checks about parental responsibility

Start by asking the person bringing the child for an assessment/therapy for full details of those with parental responsibility. If all parties with parental responsibility are with the child then it may be helpful to ask them to sign to consent for treatment, or to make a written note that consent has been given. Appropriate documents may be checked.

If only one party with parental responsibility is in attendance and states that they are the only one with parental responsibility then check if there are obviously other parties who could have parental responsibility. For example, if a mother brings a child for an assessment/therapy stating she alone has parental responsibility, but a father is named on the child’s birth certificate, then enquiries could be made about that. If the mother states that the father is not in contact and can’t be reached than that can be noted in writing. This may be helpful in the event that any issues related to parental responsibility are raised in the future.

Concluding Thoughts

As stated, this is a general article, and it is important to consider each situation on its own merits. For example, whilst it may generally be advisable to obtain the consent of all those with parental responsibility for assessment/therapy if possible, there may be specific circumstances where that may not be the best course of action.

As always, if there are circumstances that seem potentially difficult, then it is prudent to take the issue to supervision both in terms of assisting with the decision-making process, and also to demonstrate that any decision was taken after appropriate consideration.

We hope this article has helped to navigate the tricky subject of parental consent, if you have any queries please do not hesitate to contact us.