3 Consent to medical treatment - (s 186)
Under the Age of Legal Capacity (Scotland) Act 1991, reinforced by the Children's Hearings (Scotland) Act 2011, children under the age of sixteen have the capacity to consent to (or refuse) medical examination and treatment where, in the opinion of the attending qualified medical practitioner, the child is capable of understanding the nature and possible consequences of the examination or treatment.
Notwithstanding the provisions of the Act, where a decision has been made that an examination or treatment of the child should be carried out in terms of:
- A child assessment order.
- A child protection order.
- A compulsory supervision order.
- An interim compulsory supervision order.
- A medical examination order.
such examination or treatment may only be carried out if the child consents to it.