p. 373. Consent
- Jo SamantaJo SamantaEmeritus Professor of Law, De Montfort University
- and Ash SamantaAsh SamantaEmeritus Consultant Physician and Rheumatologist, University Hospitals of Leicester, and Part-Time Lecturer in Law, De Montfort University
This chapter deals with consent as a necessary precondition for medical treatment of competent adults. It provides an overview of the common law basis of the Mental Capacity Act 2005, followed by discussion of issues relating to information disclosure, public policy, and the key case of Montgomery and how this applies to more recent cases. It considers the statutory provisions for adults who lack capacity, exceptions to the requirement to treat patients who lack capacity in their best interests, and consent involving children under the Children Act 1989. Gillick competence, a concept applied to determine whether a child may give consent, is also explained. Relevant case law, including Gillick, which gave rise to the concept, are cited where appropriate.