Cornock, M. and McAlinden. 2018. Law and Policy for Children and Young People's Nursing. In: Essentials of Nursing Children and Young People. London: Sage.

Gilmore, S. and Herring, J. 2011. "No" is the hardest word: consent and children's autonomy'. Child and Family Law Quarterly 23(1), pp. 3-25.
Hendrick, J. 2010. Law and Ethics in Children's Nursing. Chichester, West Sussex: Wiley Blackwell.

Human Rights Act. 1998.
McFarlane, A. 2011. Mental capacity: one standard for all ages. Family Law 41(5), pp. 479-485.
Mental Capacity Act. 2005.
Mental Health Act. 2007.
NHS Health Research Authority (undated) http://www.hra-decisiontools.org.uk/consent/principles-children.html [Accessed 2 September 2021].
Nursing and Midwifery Council. 2018. The Code: Professional standards of practice and behaviour for nurses, midwives and nursing associates. NMC: London. 
UNICEF. 1989. UN Convention on the Rights of the Child. Available at : https://www.unicef.org.uk/what-we-do/un-convention-child-rights/ [Accessed 2 September 2021].

Image sources:
Welcome (Group of children) https://previews.123rf.com/images/lenanichizhenova/lenanichizhenova1703/lenanichizhenova170300648/75052100-kids-thumbs-up.jpg
The voice of young people : https://media.istockphoto.com/photos/close-up-of-preteen-friends-in-a-park-smiling-to-camera-picture-id839295912?k=20&m=839295912&s=612x612&w=0&h=wKqW995vF1K5Z22jO-j-mxQnOO0-bukCQa6L1Y_KWP4=
Unicef (Rights) https://www.unicef.org.uk/what-we-do/un-convention-child-rights/

Consent is a legally defined decision given by someone who is competent, who has been adequately informed (and has adequate understanding), and who is free from undue influence enabling them to make a voluntary decision. The person can provide consent themselves (provided they are competent). Otherwise someone else who is empowered by law can provide it (e.g. a parent in the case of children). A child who is not capable of giving consent alone can still be involved in the decision-making process with others who are able in law, to provide consent.

Assent is difficult to define and is used in diverse ways, e.g. compliance by a child as young as three, through to the active agreement of a young teenager etc. Assent is agreement given by a child / young person, or others who are not legally empowered to give consent. It is important to provide children / young people with information that matches their capacity when seeking assent.
(NHS Health Research Authority, undated)

 

Daily Express (5.8.2021) 

https://www.express.co.uk/news/uk/1472814/can-parents-make-16-17-year-old-get-covid-vaccine-law-explained-evg

Department of Health (2009)  Reference guide to consent for examination or treatment Second edition https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/138296/dh_103653__1_.pdf

 

Care Quality Commission : https://www.cqc.org.uk/sites/default/files/Brief_guide_Capacity_and_consent_in_under_18s%20v3.pdf

British Medical Association: https://www.bma.org.uk/advice-and-support/ethics/children-and-young-people/children-and-young-people-ethics-toolkit

NHS: https://www.nhs.uk/conditions/consent-to-treatment/children/

The tort of battery is committed where any non consensual contact take place.

A person who intentionally touches another against that other’s will commits a trespass to that person

Enlisting the patients faith and confidence in the efficacy of treatment

Establishing  a trusting therapeutic relationship

Enabling a more efficient recovery

The right to say yes should mean the right to say no?

However if a child under 18 refuses medical treatment there are others who can make a decision on their behalf including the courts

Factors involved in the debate on consent:

Competence

The measurement of competence 

The principle of autonomy

Confidentiality

Respect for young people

Meeting the needs of children and young people in the 21st century

Policy drivers

Sexual Offences Act 2003 

https://www.theguardian.com/uk/1999/jul/16/claredyer.sarahboseley

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1119017/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1116313/

https://www.medicalandlegal.co.uk/wp-content/uploads/2012/05/The-legal-framework-empowering-children-under-18-to-make-decisions-in-relation-to-their-medical-treatment-examined-through-the-prism-of-international-human-rights-obligations..pdf