Patient Agreement To Investigation Or Treatment (Page 6 of 7) in pdf

Guidance to health professionals (to be read in conjunction with consent policy)

What is a consent form for?

This form documents the patient's agreement to go ahead with the investigation or

treatment you have proposed. It is not a legal waiver - if patients, for example, do

not receive enough information on which to base their decision, then the consent

may not be valid, even though the form has been signed. Patients are also entitled

to change their mind after signing the form, if they retain capacity to do so. The form

should act as an aide-memoire to health professionals and patients, by providing a

checklist of the kind of information patients should be offered, and by enabling the

patient to have a written record of the main points discussed. In no way, however,

should the written information provided for the patient is regarded as a substitute for

face-to-face discussions with the patient.

The law on consent

See the Department of Health's Reference guide to consent for examination or

treatment for a comprehensive summary of the law (also available at

)

Who can give consent?

Everyone aged 16 or more is presumed to be competent for themselves, 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 himself or 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.

If the child is not able to give consent for himself or herself, someone with parental

responsibility may do so on their behalf and a separate form is available for this

purpose. Even where a child is able to give consent for himself or herself, you

should always involve those with parental responsibility in the child's care, unless the

child specifically asks you not to do so. If a patient is mentally competent to give

consent but is physically unable to sign a form, you should complete this form as

usual, and ask an independent witness to confirm that the patient has given consent

orally or non-verbally.

When NOT to use this form.

If the patient is 19 or over and lacks the capacity to give consent, you should use

Consent Form 4 (form for adults who lack the capacity to consent to investigation or

treatment) instead of this form. A patient lacks capacity if they have an impairment of

the mind or brain or disturbance affecting the way their mind or brain works and they

cannot:

Understand information about the decision to be made

Retain that information in their mind

Use of weigh that information as part of the decision-making process, or

Communicate their decision (by talking, using sign language or any other

means)

Quality and Governance Service

Updated November 2013

Patient Agreement To Investigation Or Treatment Page 6

Related Articles

Related forms

Related Categories