Question reference: S6W-18053
- Date lodged: 18 May 2023
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Current status: Answered by Maree Todd on 5 June 2023
Question
To ask the Scottish Government what its response is to the Care Inspectorate’s report, Guidance for children and young people’s services on the inclusion of transgender including non-binary young people, which states that "a young person aged 12 and over is presumed to have sufficient capacity to make decisions about medical treatment, although we recognise this will not always be the case".
Answer
The Care Inspectorate is an independent public body with a duty to support services to ensure high-quality care for all children and young people experiencing care. This includes transgender and non-binary young people.
The Age of Legal Capacity (Scotland) Act 1991 provides that a person under 16 can consent to medical procedures or treatment where the qualified medical practitioner attending them considers they are capable of understanding the nature and possible consequences of that procedure or treatment.