Mental Capacity

New Publication: The Mental Capacity Act requirements for clinical decisions regarding treatment and care

Mike Lyne
14th April 2020

Individuals have the right to freedom of choice for the treatment and care they receive.

“An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken” (Montgomery v Lanarkshire [2015] paragraph 87).

Healthcare practitioners must follow due processes to support individuals in this right, in terms of ensuring informed consent for any treatment and care (Department of Health 2009; Care Quality Commission 2011). All registered health professionals are bound by their regulatory and registering bodies published standards to ensure appropriate consent is gained, before any treatment or care is undertaken.

Supporting individuals in giving informed consent for clinical decisions, becomes a basic principle for all practitioners involved in the planning and delivery of clinical treatments and care (Bonsall 2015; Regan & Sheehy 2016; RCN 2017; Griffiths 2017).

Meet the author(s)

Mike Lyne

Senior Lecturer in mental health social work
Michael Lyne is a senior lecturer in social work and mental health at Bournemouth University. He has a dual qualification and registration in nursing and social work, with 15 years of experience in the NHS and various client groups. He is an expert in mental capacity, adult safeguarding, and advance care planning.
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