Consent to medical treatment at 16

Hello! I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to explain how this works.

The short answer:

Yes, a 16-year-old can absolutely consent to their own medical, dental, and surgical treatment without needing permission from their parents.

The legal position:

In England and Wales, the law treats young people aged 16 and 17 as adults when it comes to saying yes to medical treatment. This is set out in the Family Law Reform Act 1969. Because of this law, if a 16-year-old agrees to a treatment, a doctor, dentist, or nurse does not need to ask the parents for their consent as well.

Confidentiality:

Medical professionals owe a duty of confidentiality to 16-year-olds just as they do to older adults. This means that healthcare workers will generally not tell a parent about an appointment or a treatment unless the young person agrees to it.

There is an exception to this. If a medical professional believes the young person is suffering, or is at risk of suffering, significant harm, they have a duty to share information to keep the young person safe. Even in those safeguarding situations, a doctor will usually try to discuss their worries with the 16-year-old first before involving anyone else.

Saying no to treatment:

While the law is very clear that a 16-year-old can say yes to treatment, things get a bit more complicated if they want to refuse treatment. If a 16-year-old refuses a medical treatment that could save their life or prevent severe physical or mental damage, a court or someone with parental responsibility might sometimes be able to overrule that refusal to keep the young person safe. This only really happens in very serious circumstances.

Practical next steps:

If you or someone you know is 16 and wants to see a doctor without involving parents, here is how it usually works in practice:

1. Book the appointment directly. A 16-year-old can register with a GP or book an appointment on their own.

2. Have an open chat with the doctor or nurse. The healthcare professional will just want to have an everyday conversation to ensure the young person fully understands the treatment, how it works, and any normal risks or side effects.

3. Mention confidentiality upfront. If the young person does not want their parents to know, it is a good idea to tell the doctor at the very start of the appointment so they can make sure letters or text reminders do not accidentally go to a parent's phone or address.

Please let me know if you would like me to explain any of this in a bit more detail!