4.3.2 Understand if the patient has the ability to consent
For patients under 16
Clinical professionals must assess the child or young person's Gillick competence in relation to proxy access to determine whether they are able to understand and consent to proxy access before granting it.
For further guidance, see the BMA’s Children and Young People Ethics Toolkit.
It is important that clinical professionals record the date competence was assessed and the outcomes of the assessment in the patient's record.
For patients over 16
For a patient who is aged 16 and over, clinical professionals should consider whether a capacity assessment is required, but may presume capacity to consent to proxy access unless they have evidence that the patient lacks capacity.
A clinical professional must carry out an assessment of capacity to consent where a lack of capacity for the decision is suspected, but not evidenced. Refer to the MCA code of practice (Chapter 4).
It is important that clinical professionals record the date capacity was assessed and the outcomes of the assessment in the patient's record, including any review needs.
Last edited: 6 May 2026 1:58 pm