Capacity and Consent

This session explores the UK legal framework for assessing competence in young people, with particular regard to consent to treatment. Case studies are used to explore the appropriate action to take.

Learning Objectives

By the end of this session you will be able to:

• Describe the UK legal framework in the UK for assessing competence in young people
• Recognise the law with regard to consent to treatment
• Identify the action to take when consent cannot be obtained because the young person refuses the treatment
• Identify the action to take when consent cannot be obtained because the young person is not considered competent

Introduction

This session explores the UK legal framework for assessing competence in young people, with particular regard to consent to treatment.

A 'competent' young person must be able to understand and retain the information pertinent any decision about their care, be able to use this information to consider whether or not they should consent to any intervention being offered and be able to communicate their decision to others.

If a patient consents to an examination, tests or treatment, it means that he or she agrees to what is being proposed and understands the reasons for it. Consent must be based on adequate, accurate information being provided about what is intended in a manner that the person can understand.