Consent: luck or law?

Ann R Coll Surg Engl. 2007 Sep;89(6):627-30. doi: 10.1308/003588407X205332.

Abstract

Introduction: The aim of this study was to identify whether clinicians are obtaining a valid consent for surgery, and ascertain the parents' perception of parental responsibility when giving consent for their children.

Patients and methods: Adults consenting for 100 children were questioned about the possession of parental responsibility, and their understanding of the concept.

Results: Only 4 children had surgery without valid consent, these forms being signed by fathers without parental responsibility. However, only 5% of the sample stated that parental responsibility was required. More than 80% believed that cohabitation was a sufficient qualification to provide consent; fewer than 15% recognising any influence of marital status. It seems that, although 96% of consenters had parental responsibility, the validity of their consent was a product more of luck than of lawful behaviour.

Conclusions: The results demonstrate a wide gulf between the standards set by the Children Act 1989 and common practice, as perceived by parents. Furthermore, this reveals a significant disparity between the principles behind the statute, and the role that parents believe that they play in the 21st century.

MeSH terms

  • Attitude to Health
  • Child
  • Elective Surgical Procedures / ethics
  • Elective Surgical Procedures / legislation & jurisprudence*
  • Elective Surgical Procedures / statistics & numerical data
  • Emergency Treatment / ethics*
  • Emergency Treatment / statistics & numerical data
  • England
  • Fathers / legislation & jurisprudence
  • Fathers / psychology
  • Fathers / statistics & numerical data
  • Female
  • Humans
  • Male
  • Marital Status
  • Mothers / legislation & jurisprudence
  • Mothers / psychology
  • Mothers / statistics & numerical data
  • Parental Consent / ethics
  • Parental Consent / legislation & jurisprudence*
  • Parental Consent / statistics & numerical data
  • Prospective Studies
  • Surveys and Questionnaires