Apart from certain treatments carried out under the Mental Health Act and some forms of fertility treatment, there is no legal requirement to obtain written consent, but most health organisations have policies stipulating when written consent should be obtained. Employees are expected to be familiar with these and adhere to them.
"The presence of a signed consent form does not in itself prove valid consent to treatment"
The presence of a signed consent form does not in itself prove valid consent to treatment – the important factors will always be the quality, extent and accuracy of the information given beforehand.
Being able to demonstrate this afterwards depends on contemporaneous notes recording the key points discussed and relevant warnings given to the patient.
[This article is part of the "An essential guide to Consent" booklet. To download the booklet as a PDF or read more click here].