Key requirements for obtaining valid informed consent to treatment

Some 2240 claims for compensation relating to improper or inadequate consent were made between 2015 and 2021 (NHS Resolution, 2022). These claims resulted in approximately £189 million in compensation and costs.

Nurses recognise that consent is fundamental to person-centred nursing and is an essential legal and professional requirement.

The law has long recognised that adults have the right to determine what will be done to their bodies (Re MB (Caesarean Section) [1997]). Touching a person without consent constitutes trespass or even criminal assault. Autonomy and respect for bodily integrity are highly valued by the law, and any unlawful touching is actionable, regardless of the intentions.

‘The right to determine what shall be done with one's own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of self-determination and individual autonomy are based. Free individual choice in matters affecting this right should, in my opinion, be accorded very high priority.’