Consent is the principle that a person must give their permission before they receive any type of medical treatment. Consent is required from a patient regardless of the type of treatment being undertaken, from a blood test to an organ donation.
The principle of consent is one of the cornerstones of medical ethics. It is also enshrined (held sacred) in international human rights law.
What constitutes consent?
For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision. These terms are explained below.
- Voluntary: the decision to consent or not consent to treatment must be made alone, and must not be due to pressure by medical staff, friends or family.
- Informed: the person must be given full information about what the treatment involves, including the benefits and risks, whether there are reasonable alternative treatments, and what will happen if treatment does not go ahead.
- Capacity: the person must be capable of giving consent, which means that they understand the information given to them, and they can use it to make an informed decision.
There are a few exceptions when treatment can go ahead without consent (see Consent to treatment - how it works).
One main exception is if a person does not have the mental capacity (the ability to understand and use information) to make a decision about their treatment. In this case, the healthcare professionals can go ahead and give treatment if they believe that it is in the person’s best interests.
Legal terms
This article mentions several legal terms and acts of parliament, which are explained below.
- The Mental Health Act (1983) sets out various legal rights that apply to people with severe mental health problems. The act also contains the powers which, in extreme cases, enable some people with mental health problems to be compulsorily detained in hospital.
- The Mental Capacity Act (2005) is designed to protect people who cannot make decisions for themselves. The act explains when a person is considered to be lacking capacity, and how decisions should be made in their best interests.
- The Court of Protection is the legal body that oversees the operation of the Mental Capacity Act (2005).
- An advance decision (previously called an advance directive) is a legally binding document that sets out in advance the treatments and procedures that someone does or does not consent to.
For more information about the legal issues surrounding someone’s care, see the Carers Direct information about the Mental Capacity Act (2005).
