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Consent
The 2000 NHS Plan pledges that proper consent must be sought from all NHS patients and research subjects. To achieve this goal, the Department set up the Good Practice in Consent initiative and enlisted an advisory group made up of patient representatives, carers, clinicians, academics and NHS managers. The initiative, the work of the advisory group and good consent practice.
The Mental Capacity Act 2005
The Mental Capacity Act (MCA) will be fully implemented on 1 October 2007. It is a wide-ranging piece of legislation and some of its provisions are relevent to consent. More details about the Act can be found on the Mental Capacity Act page. The Department of Health will amend its consent guidance and the model policy and consent forms to reflect the provisions of the MCA and details of these amendments will be available on this page.
Mental Capacity Act 2005: information about the transitional provisions for existing advance decisions to refuse life-sustaining treatment
Published: 22/10/2007 10:00
Information on Article 5 of the Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007. This relates to advance decisions to refuse life-sustaining treatment, which may have been valid under common law, but which will not comply with the new requirements in the Act that apply to life-sustaining treatment.
People who have existing advance decisions
Anyone who has already made an advance decision should check that it meets the new rules particularly if it deals with life-sustaining treatment.
Consent - overview and general information
The NHS Plan promised a review of consent procedures to ensure that good practice in seeking consent for both treatment and research is in place throughout the NHS. This work is being taken forward through the "Good practice in consent initiative", supported by an Advisory Group made up of representatives of patients and carers, clinicians, academics and NHS managers. The Plan recognised that a change of culture would be required to ensure that patients become informed partners in their own care. Legally, the same principles apply to consent in research practice as in clinical practice.
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