Module sections

1. Human rights issues in consent

Human rights issues are pervasive throughout the law relating to consent to treatment and it is vital that everyone dealing with patients in the NHS and in the community should be aware of their responsibilities under the European Convention on Human Rights. The human rights implications are discussed at the start of this module for the sake of convenience, as this module focuses on particularly vulnerable groups of patients. However, much of what is outlined here in relation to human rights applies to the other modules, especially Module Three dealing with refusal of treatment.

2. Treatment of adults without capacity

What capacity means. Assessing capacity. Temporary and permanent incapacity. Fluctuating capacity. Best interests of patients. Human rights issues that are important in relation to the treatment of vulnerable groups of patients. Advance directives. People with learning disabilities. Sterilisation of incapacitated people. Treating older people. Treating people in prison or police custody. The role of relatives and carers. The role of the Court.

3. Treatment of people under the age of 16 years

"Gillick” or “Fraser” competence (after the name of the case or following the name of Lord Fraser who was most active in the formulation of the test). Who may give consent. Refusal of treatment is mentioned only in passing in this module and will be dealt with more comprehensively in Module Three.