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Chapter 28 - Capacity, Consent and the Law

Published online by Cambridge University Press:  27 June 2019

By
Jonathan Waite
Edited by
I. Nicol Ferrier  and
Jonathan Waite
I. Nicol Ferrier
Affiliation:
University of Newcastle upon Tyne
Jonathan Waite
Affiliation:
University of Nottingham
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Summary

As health care professionals we owe a duty of care to our patients. Our patients have a right to autonomy – to make their own decisions. If we impose treatment on them against their wishes, when they have capacity to make a decision to refuse treatment, then we may be committing the tort of battery; if we fail to treat them when they lack capacity to make treatment decisions we may be found to be negligent.

Type
Chapter
Information
The ECT Handbook , pp. 254 - 266
Publisher: Cambridge University Press
Print publication year: 2019

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References

References

Department for Constitutional Affairs (2007) Mental Capacity Act 2005: Code of Practice. TSO (The Stationery Office).Google Scholar
Department of Health (2009) Reference Guide to Consent for Examination or Treatment (2nd edn). Department of Health.Google Scholar
Department of Health (2015a) Code of Practice: Mental Health Act 1983. TSO (The Stationery Office).Google Scholar
Department of Health (2015b) Reference Guide to the Mental Health Act 1983. TSO (The Stationery Office).Google Scholar
Department of Health, Social Services and Public Safety (2003) Reference Guide to Consent for Examination, Treatment or Care. Belfast: Department of Health, Social Services and Public Safety.Google Scholar
Fennell, P. (2011) Mental Health: Law and Practice (2nd edn). Jordan Publishing.Google Scholar
General Medical Council (2008) Consent: Patients and Doctors Making Decisions Together. General Medical Council.Google Scholar
Kelly, B. D. (2007) The Irish Mental Health Act 2001. Psychiatric Bulletin, 31, 21–24.Google Scholar
Law Commission (1995) Mental Incapacity: Law Com No. 231 HMSO.Google Scholar
Lynch, G., Taggart, C. & Campbell, P. (2017) Mental Capacity Act (Northern Ireland) 2016. BJPsych Bulletin, 41, 353–7.Google Scholar
Mental Health Commission (2016a) Code of Practice: Code of Practice on the Use of Electro-Convulsive Therapy for Voluntary Patients (Version3). Dublin: Mental Health Commission.Google Scholar
Mental Health Commission (2016b) Rules: Rules Governing the Use of Electro-Convulsive Therapy (Version 2). Dublin: Mental Health Commission.Google Scholar
Mental Health Commission (2016c) The Administration of Electro-Convulsive Therapy in Approved Centres: Activity Report 2014–2015. Dublin: Mental Health Commission.Google Scholar
Mental Welfare Commission for Scotland (2018) Consent to Treatment: A Guide for Mental Health Practitioners. Mental Welfare Commission for Scotland.Google Scholar
Regulation and Quality Improvement Authority (2014) Report on the administration of Electroconvulsive Therapy in Northern Ireland. https://rqia.org.uk/RQIA/files/84/846de0ef-a242–46fe-bd62–747435981cea.pdfGoogle Scholar
Scottish ECT Accreditation Network (2016) Scottish ECT Accreditation Network Annual Report 2016: A Summary of ECT in Scotland for 2015. NHS National Services Scotland.Google Scholar
Scottish Law Commission (1995) Report on Incapable Adults: Scot Law Com No 151). HMSO.Google Scholar
Welsh Government (2016) Mental Health Act 1983: Code of Practice for Wales.Google Scholar
Chester v Afshar [2004] UKHL 41.Google Scholar
Gillick v W Norfolk and Wisbech AHA [1986] AC 112 (HL).Google Scholar
Montgomery v Lanarkshire HB [2015] UKSC 11.Google Scholar
Chester v Afshar [2004] UKHL 41.Google Scholar
Gillick v W Norfolk and Wisbech AHA [1986] AC 112 (HL).Google Scholar
Montgomery v Lanarkshire HB [2015] UKSC 11.Google Scholar

Cases

Chester v Afshar [2004] UKHL 41.Google Scholar
Gillick v W Norfolk and Wisbech AHA [1986] AC 112 (HL).Google Scholar
Montgomery v Lanarkshire HB [2015] UKSC 11.Google Scholar

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