consent

CONSENTING CHILDREN

for Clinical Trials

Helen.hill@rlc.nhs.uk CHIP Trial 10th December 2007

Legal Issues

Consent and Clinical Trials

Medicines for Human Use (Clinical Trials) Regulations 2004 Schedule 1

part 1 paracraph (3) 1

A person gives informed consent to take part in a clinical trial only if

his decision is given freely after that person is informed of the

nature, significance, implications and risks of the trial;



European Union Clinical Trials Directive 2001/20/EC

Written consent must be given by parents or those with legal

responsibility for the child, but children should also give their assent

(the voluntary permission given by one who is old enough to

understand and know if they want to take part or not)



DOH Seeking Consent working with children 2001 consent to be valid:

Capacity - Capable of taking that particular decision (competent)

Voluntary - not under pressure duress of anyone

Informed - enough information to make the decision

Medicines for Human Use (Clinical Trials Regulations) 2004

Informed consent in clinical trials

S.I.2004:1031 as amended by S.I.2006:1928 and S.I.2006:2984.





 Good Clinical Practice legal requirement part 4 eg 20 elements



Minors Clinical Trials – Minor person under age 16 years

‘special protection’



 Not included if the same results can be obtained using persons capable of

giving consent.

 Normally included only when IMP direct benefit to the patient, outweighing

the risks.



BUT

 Need for clinical trials involving children to improve the treatment available

to them.

 Medicinal products which are likely to be of significant value for children are

fully studied.

 Carried out under conditions affording the best possible protection for the

subjects

Continued….



Conditions and Principles -

 ‘6’ information according to capacity to understand from

staff with experience with minors

 ‘8’ No incentives of financial inducements.

 ’13’. Informed consent by parent/ legal representative

shall represent the minor’s presumed will.

 ’16’ The interests of the patient always prevail over those

of science and society.

Parental Responsibility

Children‟s Act 1989 - Part 1 Responsibilities for Children

 Married Parents

 Unmarried mother

 Unmarried father if acquired by agreement order in accordance with

the provisions of this Act.

 Residence order (part 1 8,& 12 the father or another person)

 Local Authority if the child is in care ( Part 1 section 31 & 33)



Adoption and Children Act 2002

 Unmarried father if registered on birth certificate (effective from Dec

2003 – but not if born before 2003)



N.B new born may not yet have a birth certificate

Hierarchy of informed consent for a minor

Medicines for Human Use Clinical Trial Regulation (2004)





 Parent or person with parental responsibility - should always be

approached if available.



 Personal legal representative – emergency situations only person not

connected with the conduct of the trial who is:

 (a) suitable to act as the legal representative by virtue of their relationship

with the minor, and

 (b) available and willing to do so.

 May be approached if no person with parental responsibility can be

contacted prior to the proposed inclusion of the minor, by reason of the

emergency nature of the treatment provided as part of the trial.



 Professional legal representative

 A person not connected with the conduct of the trial who is:

 (a) the doctor primarily responsible for the medical treatment of the minor,

or may be approached if no person suitable to act as a personal legal

representative is available.



 (b) a person nominated by the relevant health care provider (e.g. an acute

NHS Trust or Health Board).

Capacity and Children

 Assessing Capacity - Mental Capacity Act 2005 (2006) 4 aspects:

 Understand the information relevant to a decision

 Retain that information

 Use or weigh the information as part of the process of making a

decision „typically interpreted as “orientated in reality”.

 Be able to communicate the decision



 Good practice to involve their families in decision making.



 A person with parental responsibility can take that decision for them until

aged 18 yrs



 Best Interest - Clinician can provide treatment and care

 Age under 16years are not presumed to be legally competent unless they

have sufficient understanding and intelligence to enable him or her to

understand fully

 No specific lower age it depends on the seriousness and complexity of the

treatment being proposed.



 Consented for a trial then must be reconsented at 18years

Child’s Capacity ‘competence’

‘a minor can provide valid consent provided they are competent ie of

sufficient intelligence and understanding to understand what is

proposed (House of Lords)



Consent to Treatment Gillick v west Norfolk and Wisbech AHA 1985

Refusal of Treatment if Gillick Competent

• Refused treatment for anorexia

 Lord Donaldson drew an analogy between consent and a flak jacket to

protect medics from civil or criminal action.. ‘a competent minor can

provide this protection but so too can the patients parents or the courts’

and treatment was authorised in best interests.

 The result of this case means that a competent minor cannot always

refuse treatment where consent has been provided from an alternative

legally valid source.

 BUT No test case for clinical trials

 Clinical Trials Consent if the child refuses is difficult to argue ‘best

interest’

Practicalities

ICH GCP (4.8.5)



‘The Investigator or a person designated by

the investigator should fully inform the

subject and the written informed consent

form should be signed and dated by the

person who conducted the informed

consent discussion’

20 Elements of informed consent ICH 4.8.10

 Involves research

 Purpose of the trial

 Treatment and the probability of random assignment

 Trial procedures

 Subjects responsibility

 Experimental aspects of the trial

 Risks or Inconveniences – including the nursing infant

 Expected benefits – especially when no intended clinical

benefit to the subject

 Alternative treatments available

 Compensations available for trial related activity

 Prorated payment (just adults)

 Expenses

 Voluntary participation in the trial may withdraw at any time

 Must agree to direct access to medical records

 Trial records will be kept confidential

 Will be informed of any new information in a timely manner

 Contact person

 Reasons for termination of participation

 Expected duration of participation

 Approximate number of subjects involved in the trial











 Information - oral and written

Information Sheet parent + age

 UKCRN course on 16th January 2007 or on line

 Specified qualifications in protocol +/- i.e. ENB 415

 Assessed by Principal Investigator

 Aware of the risks and responsibilities





Delegated

 Delegation Log or specific Trust Documentation >

 Ethics Form SSA states persons consenting

 CV on Site Master File



ELIGIBILITY

‘The medical care given to and medical decisions made of behalf of

subjects shall always be the responsibility of an appropriately qualified

doctor‘ MHU(CT)Regulatio 2004

MHRA expect a medic to make the eligibility decision and to record it!!



Nurses Consenting

 Royal College of Nursing

Indemnify Nurses for clinical trials but not the trial

not phase 1 First into man studies - ? unlicensed or off label

see Informed Consent in Health and Social Care Research 2006

 NMC legal advisors –

Professional Code of Conduct - accountability

„ delegated to suitably qualified person‟ (Declaration of Helsinki)

 Medicines for Human Use Regulatory Agency Regulation (2004:1031)

adequate training re protocol and GCP

delegated formally by investigator

*physician answers medical questions the nurse cannot answer

procedure approved by ethics

*subjects capacity – if in doubt then a physician must consent

UKCRN

 Training- in the protocol and consent with Audit Trail

GCP/Consent law & process / clinical skills

Investigational Medicinal Product

SOP‟s

Nature, significance implications risks & benefits

Treatment choices

Serious adverse events

Process of taking informed consent (focus on legislation

pertinent to vulnerable ‘paediatric populations’

Knowledge and experience to allow the participant to make a

fully informed choice about participating in the trial

Documented training in relevant laws Regulations and GCP

(data protection and confidentiality)

Consenting for IMP‟s

12 Key Points on Consent the law in England DOH





‘you may seek consent on behalf of a colleague if

you are capable of performing the procedure in

question or if you have been specifically

trained to seek consent for that procedure’.



This resolves the concern that a nurse may not

take consent in relation to a clinical trial for a

drug that she may not prescribe.

Ensure:

 Trial protocol & SOP – adhere to what they say



 Trust Consent Policy – preferably state ‘Clinical Trials IMP’s’

- specific delegation form

 Trust R & D Governance Approval (protocol)

 Research Ethics Committee Approval (consenters listed on SSA)



 Delegation log PI ensure written evidence of education and

training (CV’s +)



 Person taking consent must sign the consent form (RCN)

Document the process……………….

Continuous Negative Extra-thoracic Pressure Professor Southall









Baby breathing aid study cleared -

BBC News

Carl and Debbie Henshall, of Clayton

in Staffordshire, recently won an

Appeal Court hearing which said the

GMC should review its decision to

reject their complaints that doctors

did not give properly informed

consent to medics for their girls to

take part.



‘None of the investigations has

supported parents' claims they were

misled and consent forms forged’

CHIP TRIAL

CHIP – effective consent

Capacity - Post admission parents distressed /traumatised

Ample time - pre admission clinics

Parental Responsibility to consent & Child‟s competence to assent



Informed – Risks balanced against benefits > parents

Adult study Van den Berghe Trial 2001

Benefits of patients in studies + additional monitoring

MCRN – Paediatric Regulations EU need for studies

- Adoption process

Unlicensed and off label

Use information sheet as a guide (consider parents initialling)

Make a checklist for each patient and sign yourself

Translators or Interpreters



Voluntary – empowers parents to have control to withdraw at anytime / choice



Data Protection – if not a member of the clinical team consider Caldicott

- patient information from Consultant

Allmark & Mason 2007



‘Our main concern was whether it would have side effects,

that was our main concern; any side effects and we

wouldn’t have given our consent.’ (Father: 11)





For other parents, the situation may have seemed so severe

that side effects were of little importance to them:



‘We fully understood what he wanted to do in terms of

treatment … we fully understood the side effects if there

was going to be any, or the risks involved, but obviously

whatever anyone tells you all you listen to is that your child

is damaged’ (Mother: 2)

Promote the Trial within the team

 Research Team and Clinical Team

recruit up to day 5 -eligibility

V– Ventilated

I- Inotropes

T– Twelve hours minimum on PICU

A- Arterial Line

L5 Less than 5 days since admission

 Retrieval Team /Transport

 Document clearly what you /they have said (follow info sheet)

 If legal action a nurse will be scrutinised more than a Principal

Investigator

 Document the person has refused to avoid ‘over asking’

 A patient refusing to give their consent to a trial is not

a sign that you have failed but it may indicate that you

were conscientious enough to ensure that they are

properly informed to make a free decision.



 Large numbers of patients refusing may indicate a

problem with the study.



(BMJ 1995;311:734-737 16 September)

Articles





 DOH www.doh.gov.uk/consent

 Seeking consent working with children 2001

 Good Practice in consent implementation guide consent to examination

or treatment 2001



RCN Informed Consent in health and social care research

2006

NRES www.nres.npsa.nhs.uk

Yeung V Paediatric Drug Handling (2007) Pharmaceutical

Press 1st edition p 86-119

P Allmark and S Mason Improving the quality of consent to

RCT by using continuos consent and clinical training in the

consent process J Med Ethics 2006 32: 439 -443