Obtaining Informed Consent
- The concept of informed consent relates to the client’s right to choose whether to receive psychological services, and to make this choice based on being given information available.
- We will require you to consent to assessment and treatment, such as in the Autism and ADHD assessments, and for therapy and consultation.
- It is your choice whether you receive a service, and it is important that you are given as much information as possible.
- It is important that you fully understand the process and therefore we will explain what will happen in detail. We will also give you time to ask any questions before you consent.
- Your consent can be reviewed throughout the time we are working with you.
Gaining Information From Questionnaires
We require information from others as part of the assessment process. We may send questionnaires or ask individuals to join parts of the assessments, such as professionals or family members, such as schools. We will always seek consent from you prior to requesting information from others.
Informed Consent with Children and Young People
We will be following the HCPC standards and guidance when we work with children under 16 in that we will consent from someone with parental responsibility. This could be:
- the child’s mother or father;
- the child’s legally appointed guardian;
- a person with a residence order for the child;
- a local authority designated to care for the child; or
- a local authority or person with an emergency protection order for the child.
The British Psychological Society (BPS) guidance 2017 and the United Nations Convention on the Rights of the Child (UNCRC) (1989), states that all children and young people, whatever their age or status, have a right to express their views freely and be involved in any decision-making that affects their lives. Thus, the Psychologist who works with child or young person must gain their informed consent. This applies whether the child or young person or another agent with legitimate responsibility for the child has made the request for involvement. Any direction or guidance provided by parents or other caregivers must be ‘in accordance with the child’s evolving capabilities’.
Children under 16 can give consent if they can fully understand the information given to them. This is known as ‘Gillick competence’.
We will treat young people (aged 16 and 17) in the same way as adults and presume they have capacity unless there is significant evidence to suggest otherwise.
Assessing Gillick Competence
We will refer to the definition of Gillick Competency according to NSPCC guidance 2023. There is no set of defined questions to assess Gillick competency.
We will consider several things when assessing a child’s capacity to consent, including:
- the child’s age, maturity, and mental capacity
- their understanding of the issue and what it involves – including advantages, disadvantages, and potential long-term impact.
- their understanding of the risks, implications and consequences that may arise from their decision.
- how well they understand any advice or information they have been given.
- their understanding of any alternative options, if available
- their ability to explain a rationale around their reasoning and decision making.
The guidance outlines that consent is not valid if a young person is being pressured or influenced by someone else. We will ensure that children’s capacity to consent is not affected by different factors, for example stress, mental health conditions and the complexities of the decision they are making. The same child may be considered Gillick competent to make one decision but not competent to make a different decision.
Resolving Disagreements on Child Consent
Occasionally, a disagreement over consent may arise between parent/carer and child or young person and/or between parents/carers. If there is any misunderstanding or disagreement, we will make every effort to resolve the difference of views. We may get an agreement to involve an appropriate family member and or a colleague. If the disagreement is not resolved, we will draw on our professional experience to act in the best interest of the child or young person seeking consultation. We may gain additional support through appropriate channels, including safeguarding and legal departments, and consultation with appropriate colleagues including other professionals.
Links to Other Policies
Please see further information held in our other policies, such as to find out about privacy of your data, or confidentiality, see listed below:
- Privacy Policy
- Confidentiality Policy
References
National Society for the Protection of Children
Accessed June 15th, 2023.
The Health and Care Professions Council: Standards
Accessed June 16th, 2023.
The British Psychological Society Practice Guidelines 2017
https://explore.bps.org.uk/content/report-guideline/bpsrep.2017.inf115
Accessed June 16th, 2023.
