This course explains what makes consent valid in UK law and professional guidance, including the Montgomery judgment, and how to apply the Mental Capacity Act 2005 when a person may lack capacity to make a decision. It uses worked examples of capacity assessments and best interests decisions, and ends with a reflection and remediation plan for those who have had a concern raised about consent or capacity.
What you will learn
- Explain the three elements of valid consent and apply the Montgomery approach to discussing material risks and reasonable alternatives.
- State and apply the five statutory principles of the Mental Capacity Act 2005.
- Carry out and document a decision-specific capacity assessment using the functional test.
- Make and record a best interests decision using the statutory checklist, including when to involve an attorney, deputy or Independent Mental Capacity Advocate.
- Recognise the special rules for children and young people, emergencies, advance decisions and restrictions on liberty.
- Write a reflection and remediation plan after a consent or capacity concern, supported by verifiable evidence.
Course content
- Why consent and capacity matter (2 min)
- Valid consent and the Montgomery judgment (4 min)
- The Mental Capacity Act 2005: the five principles (2 min)
- Assessing capacity step by step (4 min)
- Best interests and those who can decide for the person (4 min)
- Children and young people (1 min)
- Case study, regulator expectations and remediation (4 min)
- Knowledge check (10 questions, 10 min)
- Guided reflection (15 min)
Standards and guidance covered
- GMC: Decision making and consent (2020) and Good Medical Practice (2024)
- NMC: The Code (2015, updated 2018), including the sections on consent, capacity and acting in the best interests of people
- HCPC: Standards of conduct, performance and ethics (2024), including the standard on valid consent
- Mental Capacity Act 2005 and the Mental Capacity Act 2005 Code of Practice
- Montgomery v Lanarkshire Health Board [2015] UKSC 11
- Children Act 1989 and Gillick v West Norfolk and Wisbech AHA [1986]
Certificate
Courses are free to study. When you pass the knowledge check (80%) and complete your reflection, you can buy a verified certificate showing your CPD time, with a unique ID and QR code that anyone can check on our verification page.
Study free at your own pace on any device.
Practitioner Insight is an independent education provider. It is not affiliated with or endorsed by the GMC, MPTS, NMC, HCPC, GPhC or any NHS organisation, and this information is not legal advice. If you have been referred to a regulator, speak to your defence organisation, trade union or legal representative.