Consent
The permission for something to happen or
agreement to do something:
Oxford English dictionary
Consent refers to the provision of approval or
assent, particularly and especially after
thoughtful consideration.
Merriam-Webster English dictionary
Aspects of consent
Implied Consent:
This a controversial form of consent which is not expressly granted by a
person, but rather inferred from a person's actions and the facts and
circumstances of a particular situation (or in some cases, by a person's
silence or inaction).
Expressed consent:
This may be given in verbal, nonverbal or written form and is clearly and
unmistakably stated.
Verbal Consent:
Is given by using the spoken word.
Nonverbal Consent:
This is given by using nonverbal means.
Problems with Consent in
Driving Assessment
Validity of consent
For consent to be valid it must be given voluntarily by
an appropriately informed person who has the capacity
to consent to the intervention.
It must be given without influence being placed
upon the person to either accept or refuse the
intervention.
To give valid consent the person needs to
understand the nature and purpose of the procedure.
Any misinterpretation of elements will invalidate the
consent.
Problems with Consent in Driving
Assessment
Coercion by a third party.
• Employer referrals
• Referral by a spouse/family member
• Referral by case managers/solicitors
• Medical referrals
• DVLA
Problems with Consent in
Driving Assessment
Capacity of the individual to provide consent
The Mental Capacity Act 2005 defines a person who
lacks capacity as a person who is unable to make a
decision because of an impairment in the functioning of
mind or brain.
A person lacks capacity if:
They have an impairment or disturbance (for example
disability, condition or trauma or the effects of drugs or
alcohol) that affects the way the mind or brain works
and
that impairment or disturbance means that they are
unable to make a specific decision at the time it needs to
be made.
Problems with Consent in Driving
Assessment
Provision of information relating to the assessment.
Although informing people of the nature and purpose
of the intervention enables valid consent to be given
this is not sufficient to fulfil any legal duty of care to
the individual. Failure to provide other relevant
informaation may render the practitioner liable to
an action for negligence if the person suffers
subsequent harm.
Following Chester vs Ashar it is advisable that
healthcare professionals give information about all
significant possible outcomes and make a record of
the information given.
Questions we Asked Ourselves Relating to
Assessment and Consent
• Has the person received sufficient information?
• Have they had time to consider the information?
• Has the client sufficient understanding of the assessment
process and implications?
• Is consent given voluntarily?
• Is the consent documented?
• Who is seeking the consent?
• When is consent sought?
• Does the client understand that they can withdraw their
consent at any point?
Resources
• Reference Guide to consent for examination or treatment
http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/docu
ments/digitalasset/dh_103653.pdf
• Consent To Treatment NHS choices www.nhs.uk/conditions/Consent-to-treatment
• GMC consent guidance - http://www.gmcuk.org/static/documents/content/Consent_0510.pdf
• 12 Key points on consent: the law in England http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh
/@en/documents/digitalasset/dh_075159.pdf
Thank You
Driving Assessment Team
Wrightington Mobility
Centre
Tel. 01257 256409
Email: barry.clift@nhs.net