Consent to treatment

The NHS Plan identified the need for changes in the way in which patients are asked to give their consent to treatment, care or research, in order to ensure that the process becomes properly focused on the rights of individual patients and their relatives. The importance of patient-focused consent procedures also emerged as a key theme in Bristol Royal Infirmary Inquiry Report. (external link)

English consent law

Civil case law on consent has established that three requirements must be satisfied. They are

1 The person is able to give consent (‘competent’).
2 The person is provided sufficient information to make their decision.
3 Consent must be freely given (not under pressure or duress from anyone).

Frequently asked questions (external link)

NHS definition of consent

Consent is the legal means by which a patient agrees to treatment or care.

Department of Health: overview and key documents

The law and complaints

The Good Practice Toolkit (external link) provides detailed information on the appropriate UK and European laws and the organisations that provide relevant help and advice. It also looks at some difficult issues such as consent and confidentiality, as well as how NHS complaints procedures interface with legal processes.