Policy for consent to treatment

This policy sets out the legal requirements for the PCT staff and independent contractors for obtaining consent from patients for their treatment and care. It is based on the legal and ethical right of all patients. Every opportunity must be taken to gain a patient’s consent. The policy contains guidance for staff about how to obtain information on treatment and care for patients and directs staff to information about translation services which can be used for patients whose first language is not English.
In instances where patients lack the capacity to consent to a particular treatment for whatever reason this must be thoroughly documented. The policy and other Department of Health documents referred to in the policy are clear that it should never be assumed that a patient is unable to make their own decisions.

Background

The model consent policy was developed a part of the Department of Health’s ‘good practice in consent’ initiative. The aim was to assist NHS organisations to promote good practice in the way that patients are asked to give their consent to treatment, care or research. It is made clear in HCS 2001/023 that both the consent forms to be used and the consent policy should be recognised across the NHS and that the text in either forms or model policy should not be amended or removed. The Department of Health has recognised that it may be necessary to customise the policy to reflect local needs.

When written Consent is required

Written consent should be sought when:

• The treatment may involve significant risks or is complex
• The procedure involves general or local anaesthetic
• Providing clinical care is not the primary purpose of the procedure
• There may be significant consequences for the patient’s employment, social or personal life
• The treatment is part of a research project approved by the PCT

About the Consent Forms

• Consent Form 1 is for patients able to consent for themselves where the procedure involves any impairment of consciousness
• Consent Form 2 is for those with parental responsibility consenting on behalf of a child/young person where the procedure involves any impairment of consciousness
• Consent Form 3 is for patients able to consent for themselves and for those with parental responsibility consenting on behalf of an child/young person where the procedure does not involve any impairment of consciousness.
• Consent Form 4 is for adults who lack capacity to consent to a particular treatment. This form requires health professionals to document both how they have come to the conclusion that the patient lacks capacity to make this particular health care decision and why the proposed treatment would be in the patient’s best interests.