The law relating research with children (legally defined as those under 18 years of age) is not clear but a series of principles are proposed in various available guidance (RCPCh, 2000; DOh, 2001, BMA, 2001; RCN, 2003). Guidance is based on concern for children as potentially vulnerable participants as identified in the ‘Declaration of Helsinki’ (World Medical Association (WMA), 1964/2000 and draws on the overriding principles of ‘best interests’ of the child as outlined in the Children Act (DOH, 1989) and United Nations Convention on the Rights of the Child (UNCRC) (UN 1989)
As the Researcher, I will obtain written consent from all participants and provide the opportunity for participants to discuss face to face with me any concerns they might have before making consent decisions. Consent is recognised as a process and not a one off event. I will therefore check continued willingness to participate and assistant participants in withdrawing from the research if at any time that is their wish.
Consent processes will be conducted within a framework of general requirements which dictate that consent must be competent, voluntary and informed.
Children under 16 years of age are not automatically presumed legally competent but the Gillick case in 1986 which underpins the Fraser guidelines (Piercy and Hargate, 2004) ensured that children under 16 can give consent if a standard of sufficient understanding and intelligence is met (BMA,2001)
Depsite much current debate about the need for additional consent of adults to that of competent mionrs, the proposed research will follow that parental consent is desirable even if the child is competent.
Participation will be entirely voluntary and no pressure will be placed upon individuals to participate. Language used in accompanying information is designed to be invitational and not coercive taking care that individuals do not feel obliged to consent (Masson, 2004). The proposed research is considered ‘minimal risk’ as defined by the RCPCH (2000). If the parent consents but the child is unwilling to participate it will be unappropriate and unethical to proceed.
For any consent to be valid, prospective participants must have sufficient information to enable them to understand what the research is about and what their participation involves. Age appropriate information leaflets and explantory material will be produced. The format and content of the material has been informed by consultation with colleagues and other sources (Greig and Taylor, 1999; Kirby 1999; Christensen and James, 2000; Fajerman et al 2000; Worrall 2000; Save the Children, 2003; Fraser et al, 2004; Save the Children, 2004).