Endorse and implement DoH consent guide across all NHS healthcare professional practice

The Index has not yet recorded a verbatim government response to this recommendation.

Please see our response to Recommendations 1 (patient-centred care) and 2 (shared decision-making) for current practice. Informed consent is now enshrined in guidance and law.

The GMC sets/enforces the standards doctors must follow as part of Good Medical Practice. A serious or persistent failure to follow guidance that poses a risk to patient safety will put the doctor’s registration at risk. The GMC has revised guidance on decision making and consent that came into effect from 9 November 2020. Examples of further targeted guidance include:

- In 2018, the Royal College of Surgeons (RCS) published guidance on consent and supported decision-making. As outlined in Good surgical practice, patients should sign a consent form at the end of the discussion if they have decided to go ahead with treatment. - The Independent Healthcare Provider Network (IHPN) has updated the Medical Practitioners Assurance Framework (“MPAF”) with standards for patient consent. Compliance with consent standards is enforced by the medical regulators.

Regulation 11 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 describes how care providers must obtain informed consent from the relevant person before providing care and treatment.

The Care Quality Commission is responsible for ensuring health and social care providers follow Regulation 11 during inspections and can regulate compliance through warning notices, fines or even closure.

The Government agreed with this recommendation.

In its January 2002 response, the Department of Health referred to its model consent policy, issued in November 2001, requiring NHS organisations to consider the procedural factors which would affect how patients actually experienced the consent process.