Learning objectives

Module Two builds on the information provided in Module One and introduces some of the more difficult areas of the topic of consent to treatment. The module begins with a section on human rights issues that are relevant throughout. There is particular emphasis on human rights matters applicable to vulnerable patients. The problems involved in obtaining consent in the case of mentally incapacitated patients and patients under the age of 16 years are explored.

On completing this module you should be able to:

• identify and describe the human rights issues raised in relation to consent to treatment
• explain how the capacity of an adult to give consent may be assessed
• explain how the problem of fluctuating capacity may be dealt with
• explain the legal rules that apply to adults who lack capacity to consent to their treatment
• explain who has the power to consent to treatment considered to be necessary for a particular incompetent adult
• describe what is meant by a patient's best interests
• describe the role of the court in certain selected cases concerning adults who lack capacity to consent to their treatment
• describe the statutory and common law rules that apply to obtaining consent for people under the age of 16 years
• explain what is meant by “Gillick” or “Fraser” competence
• explain briefly the decision in Gillick v West Norfolk and Wisbech Area Health Authority, and its implications for consent and confidentiality
• explain who can consent to treatment on behalf of a child who is not Gillick competent