Gaining consent

Informed consent requires that an individual voluntarily decides to undergo treatment after receiving all relevant information about its purpose, risks, benefits and possible alternatives.

Consent is valid only when it is free from coercion and the patient has sufficient capacity to understand and evaluate this information.

Capacity to consent

With sufficient mental capacity, an individual can make their own decisions. The legal context for capacity is governed by the Mental Capacity Act (MCA) 2005 and applies to young people aged 16-17 and to older adults. The Act presupposes that an individual has the necessary capacity to consent, including those with a disability or impairment, unless otherwise demonstrated.

The four key pillars of capacity are:

• Understanding the relevant information
• Retaining information
• Weighing up the information
• Communicating their decision.

If you believe that your patient lacks capacity, GPhC guidance advises seeking input from other healthcare professionals or those involved in the patient’s care.

PGDs for EHC explicitly exclude individuals – regardless of age – who lack the capacity to consent.