Under the Consent to Medical Treatment and Palliative Care Act 1995 s 6, a person aged 16 years or above age may make decisions about his or her own medical treatment as validly and effectively as an adult. Medical or sugical treatment carried out without a patient's consent may be an assault. People can only give consent if they are informed about the nature and possible side effects of the treatment.

A parent or guardian of a child under 16 years old can give or refuse consent to medical treatment but the child can consent if two doctors (or dentists) agree that the child understands the implications of the treatment (the old common law position) and they also agree the treatment is in the child's best interests. The opinion of the second practitioner must be given in writing.

If a child cannot understand what is involved in the treatment and the child's parents or guardians are unwilling or unavailable to give consent, treatment may proceed in an emergency without consent in prescribed circumstances [Consent to Medical Treatment and Palliative Care Act 1995 s3,4,12 and13].