All people are presumed to have capacity to give informed consent to treatment, including psychiatric treatment, regardless of their age or legal status under the Mental Health Act 2014, and a person must give informed consent to any treatment.
Presumption of capacity
A person must be presumed to have capacity to make decisions about their own treatment.
A person gives informed consent if they:
- have capacity to give informed consent to the treatment or medical treatment proposed
- have been given adequate information to enable them to make an informed decision
- have been given a reasonable opportunity to make the decision
- have given consent freely, without undue pressure or coercion by any other person
- have not withdrawn consent or indicated any intention to withdraw consent.