Consent & Capacity in the NHS

Course Overview

Consent and capacity are fundamental to safe, ethical, and legally compliant healthcare practice. This module provides healthcare professionals with a practical understanding of how to obtain valid consent, assess mental capacity, and make defensible decisions when patients are unable to consent for themselves. Participants will explore the legal and professional frameworks that govern consent and capacity in NHS practice, including the Mental Capacity Act, Mental Health Act, Gillick competence, Fraser guidelines, safeguarding responsibilities, and best-interest decision-making. The module also covers documentation requirements, managing consent refusals, responding to withdrawn consent, and handling complex situations involving children, vulnerable adults, emergencies, and advance decisions. By the end of the session, learners will be equipped to apply consent and capacity principles confidently, ensuring patient autonomy is respected while maintaining legal and professional accountability.