UNIVERSITY OF KENT
Module Specification
1. Title of module
Consent to Treatment (LW863)
2. School responsible for management of module
Law
3. Start date of module
2005/6
4. Number of students expected to take the module
Fifteen to twenty
5. Modules to be withdrawn on the introduction of this proposed module and
consultation with other relevant Schools and Faculties regarding the withdrawal
None. Previous 15 credit module with identical title will be withdrawn when part-time
students have completed their courses.
6. Level of Module
M (FHEQ Level: 7) Postgraduate. Offered as part of the LLM and PgDip programmes in
Medical Law and Ethics. Also available to other Kent Law School LLM and PgDip students by
permission of the module convenor.
7. Number of Credits which the module represents
One Unit, allocated 20 credits (10 ECTS credits).
8. Term in which the module will be taught
Spring term.
9. Pre-requisite and co-requisite modules
None.
10. Programmes of study to which the module contributes
LLM and PgDip in Medical Law and Ethics. The module may also be taken by postgraduate
students enrolled in other Kent Law School LLMs.
11. Intended subject specific learning outcomes, and, as appropriate, their
relationship to programme learning outcomes
Subject specific learning outcomes include:
 Students will have an enhanced understanding of legal liability in relation to consent
to treatment and the ethical principles upon which this is based.
 Students will appreciate the relationship between capacity to consent and the legal
and ethical implications of judgements of capacity in relation to decisions over
medical treatment.
 Students will gain insight into the pragmatic, theoretical and ethical implications of
refusal of treatment, compulsory treatment and rights.
 Students will be able to form a conceptual overview of children’s ability to consent
to and refuse treatment in relation to the tension between rights and the desire to
protect the vulnerable.

Subject specific learning outcomes will correlate with programme learning outcomes
as listed within programme outcomes in the programme specifications for the LLM
in Medical Law and Ethics. These include knowledge and understanding of: the
institutions and structures associated with medicine, ethics and the law and the
interrelationships between them, the theoretical and academic debates which
underpin medical law, the importance of evaluating medical law alongside its
theoretical, ethical and practical contexts and current and developing issues in
medical law and ethics.
12. The intended generic learning outcomes and, as appropriate, their
relationship to programme learning outcomes
On successful completion of the module students will demonstrate the following skills:
 Analytical thought and writing: reflect upon complex ideas and arguments; digest,
analyse and test scholarly views; relate scholarly ideas and arguments to issues and
circumstances in the contemporary medical law and ethics; summarise and analyse
scholarly arguments in writing.
 Advocacy and defence: formulate an opinion in response to an issue or question,
construct coherent and persuasive arguments to advocate one’s view and defend
that view against criticism.
 Communication and presentation skills: prepare oral and written presentations of
information and viewpoints to peers; respond to comment and criticism from peers;
lead and manage group discussion.
 Problem solving: respond at short notice to questions and challenges making use of
knowledge, analytic skills and perspectives acquired in the module.
13. Synopsis of the curriculum
The curriculum includes topics which embody the existing tensions within the ethical arena
of consent to treatment, such as protection of the vulnerable versus empowering those
whose capacity is in question. The role of legal doctrines and principles governing this area,
such as those of informed consent, will be explored in relation to enforced medical
treatment, advance directives, religious beliefs and notions of autonomy and rights.
14. Indicative reading list
Mason et al, Law and Medical Ethics. 6th ed. Butterworths, 2002,
Stauch et al, Medical Law. 2d ed. Sweet & Maxwell, 2002.
Montgomery, Health Care Law. 2d ed. Oxford, 2002.
15. Learning and teaching methods, nature and number of contact hours and the
total study hours expected of students, and how these relate to learning
outcomes
Two hours of staff/student contact each week involving interactive lectures and discursive
seminars will be conducted throughout the module. Students are expected to prepare for
and participate in all classes. It is expected that each module will involve 200 study hours.
Consent to treatment is the basis upon which the justification for lawful medical treatment
exists. Hence it is central to ethical principles and legal liabilities and duties as these are
manifested in medical law and ethics. This module will provide students with the opportunity
to conduct detailed analysis of specific issues within this arena and will assist in the selection
of suitable dissertation titles.
16. Assessment methods and how these relate to testing achievement of the
intended learning outcomes
The module is assessed by one essay of 4000 to 5000 words, excluding quotations and
footnotes. A choice of essay titles relating to the topics covered in the module will be
circulated in the first week of teaching and students will be invited to select one title.
Students may write on another essay title with the agreement of the module convenor. The
objective of the essay is to test the student's knowledge and understanding of the subject
matter, research skills, analytical capacity and ability to express ideas in a clear and coherent
manner upon a basis of the learning outcomes as described above.
Assessments are required to be submitted by dates specified in the Student Guide for the
programme. Late submission of essays will be accepted only in exceptional circumstances
and with the prior agreement of the Programme Convenor and the Director of Graduate
Studies. Students are required to submit concessionary evidence in support of a request for
late submission. Where an essay is submitted late without prior agreement it will ordinarily
be awarded a mark of 0%.
17. Implications for learning resources
There are no implications for an extra burden to be placed upon learning resources.
18. Statement confirming that, as far as can be reasonably anticipated, the
curriculum, learning and teaching methods and forms of assessment do not
present any non-justifiable disadvantage to students with disabilities
Insofaras can be reasonably anticipated, the curriculum, learning and teaching methods and
forms of assessment do not present any non-justifiable disadvantage to students with
disabilities.
Statement by Director of Learning and Teaching
‘I confirm that I have been consulted on the above module proposal and have given advice
on the correct procedures and required content of module proposals’.
Director of Learning and Teaching
Date
Statement by Head of School
‘I confirm that the School has approved the introduction of the module and will be
responsible for its resourcing’.
Head of School
Date