Patient Agreement To Sharing Information (Page 2 of 2) in pdf

Patient Agreement To Sharing Information Page 2

GUIDANCE NOTES

Who may give consent?

1. It is presumed that anyone aged 16 or over is competent to give consent for her/himself

unless the opposite is demonstrated. If a child under the age of 16 has ‘sufficient

understanding and intelligence to enable him or her to understand fully what is proposed’,

then he or she will be competent to give consent for him/herself. Young people aged 16

and 17, and legally ‘competent’ younger children, may therefore sign this form for

themselves, but may like a parent to countersign as well.

2. If a child is unable to give consent him/herself, person(s) with parental responsibility for

the child may provide information about their wishes in relation to the child. However, the

final decision to disclose information lies with the healthcare professional in charge of

caring for the child. Any decisions taken must be in the best interests of the child. Even

where a child is able to give consent him/herself, a healthcare professional with

responsibility for caring for the child should involve those with parental responsibility for

the child’s care, unless the child specifically asks the healthcare professional not to do so.

3. If a patient is mentally competent to give consent but is physically unable to sign a form,

this form should be completed and signed by an independent witness as confirmation that

the patient concerned gave consent orally or non-verbally.

4. Where an adult patient (aged 16 or over) lacks capacity to give or withhold consent,

decisions must be taken by the healthcare professional in charge of the care of the

patient. Decisions must be made in the best interests of the patient, taking into account

any wishes that may have been previously expressed by the patient (for example, before

he loss of capacity) and any views or wishes expressed by the patient’s family or friends.

Guidance on Confidentiality and Consent

The NHS Confidentiality Code of Practice published by the Department of Health

2003

https://

The HSCIC Guide to Confidentiality

The Department of Health guidance on consent to treatment

https://

examination-or-treatment-second-edition

Patient Agreement To Sharing Information Page 2