Refusal of Consent for Blood Transfusion
Under the Mental Capacity Act 2005, Advance Decisions cannot be made by children less than 18 years of age. Full discussion should take place between the clinician (e.g., surgeon, anaesthetist), parents and child if the child is considered to be ‘Gillick competent’, i.e., the child has sufficient maturity and understanding to consider the treatment and weigh up the risks and benefits of that treatment. Further advice should be obtained from the Legal Services Department should there be conflict between parents, child and the treating clinicians.
Section 8 of the Children Act 1989 ‘specific issue order’ was designed specifically with this in mind. This order permits the court to exercise its power over (in this case) the specific issue of blood transfusion; whilst leaving the rest of the rights and responsibilities conferred by parental responsibility firmly with the parents. With such an order, transfusion is permissible. In desperate circumstances, such an order, or its oral equivalent, can be obtained over the telephone from a High Court judge in a matter of 30 minutes. This can be done through the site manager, who will direct you to the appropriate person to make this call, depending on the time of day. If there is insufficient time (i.e., less than 30 minutes) to make this application, where the child will die without transfusion, and all feasible clinical alternatives and adjuncts to transfusion have been exhausted, then blood must be given to save the child's life, despite the refusal of patient and parents. English courts have never allowed litigation to commence against a clinician who saves a life in good faith.
11.1 Children Over 16 Years Old
Children who are 16 or 17 years old are deemed to have the necessary capacity to consent to medical treatment. If a 16- or 17-year-old consents to receiving a blood transfusion or blood products and the parents are refusing the treatment every opportunity should be taken to discuss the issues bearing in mind the Courts' normal strong presumption in favour of preserving life. However, the guidance set out in 5.2.2 should be followed.
However, if a 16- or 17-year-old refuses treatment this can be overridden either by a holder of parental responsibility for that child or the court. If staff are faced with a situation where the child is refusing a blood transfusion, but the parents wish them to have a blood transfusion then, in an emergency situation, a blood transfusion should be given. However, if the situation is not an emergency, the staff should discuss the issue with senior staff who may then seek legal advice.
11.2 Children under the Age of 16 Years
Usually, the consent of a holder of parental responsibility is required to treat a child under the age of 16. However, if the child is Gillick competent, then they can consent to treatment themselves and this can be given regardless of the parents’ opposition.
If parents refuse to consent to a blood transfusion for their child and the child is either not Gillick competent or also refuses a blood transfusion, then staff should contact the Litigation/Legal Services Manager, as a Court order may be required (see the ‘Consent for examination and treatment policy’ for managing this including out of core hours guidance).
If the child requires a blood transfusion in an emergency situation, then clinicians should take steps to preserve the child’s life even if this means giving a blood transfusion against their wishes. As always staff should ensure that the patient’s notes clearly document the event and reasons for their actions.