1. Introduction


New Alliance Medical Suite (NAMS) is committed to upholding the principle that valid consent must be obtained from all patients before any examination, treatment, or care is provided. This policy outlines the legal and ethical requirements for obtaining consent, ensuring that patients have the right to make informed decisions about their healthcare.


This policy applies to all clinical and non-clinical staff involved in the care of patients at NAMS.



  1. Purpose


The purpose of this policy is to:


  • Ensure that valid consent is obtained before any examination, treatment, or care is administered to a patient.
  • Promote patient autonomy and respect their right to make informed choices about their healthcare.
  • Ensure compliance with legal requirements, including the Capacity and Self-Determination (Jersey) Law 2016, General Data Protection Regulation (GDPR), and relevant healthcare guidelines.
  • Provide staff with guidance on how to obtain, document, and respect patient consent.



  1. Scope


This policy applies to:


  • All healthcare professionals and clinical staff at NAMS.
  • All treatments, interventions, procedures, and care provided to patients, including those under the age of 18, individuals who lack capacity, and vulnerable adults.
  • Consent for the use of personal data, in compliance with GDPR.



  1. Definitions


4.1. Consent

Consent is the patient’s voluntary and informed agreement to undergo a particular medical intervention or treatment. It can be provided verbally, in writing, or implied through the patient's actions.


4.2. Informed Consent

Informed consent means the patient has been provided with all the necessary information about the risks, benefits, alternatives, and potential outcomes of a treatment or procedure, allowing them to make a knowledgeable decision.


4.3. Capacity

Capacity refers to a patient’s ability to understand, retain, and weigh information relevant to a decision about their healthcare and to communicate their decision. Capacity can fluctuate or be affected by medical conditions, age, or disabilities.


4.4. Implied Consent

Implied consent occurs when a patient’s behaviour indicates their agreement to a procedure, such as rolling up their sleeve for a blood test after the procedure has been explained.



  1. Principles of Consent


5.1. Voluntary

Consent must be given voluntarily, without coercion or undue influence from healthcare professionals, family members, or others.


5.2. Informed

Patients must be given clear and comprehensive information about their treatment, including:


  • The nature of the proposed procedure or intervention.
  • The risks, benefits, and any potential side effects.
  • Any alternative options, including the option of no treatment.
  • The likely consequences of not receiving the treatment.


Patients should be given the opportunity to ask questions and seek further clarification if needed.


5.3. Capacity

Before obtaining consent, staff must assess the patient’s capacity to make the decision. Patients over the age of 16 are presumed to have capacity unless there is evidence to suggest otherwise. For patients who lack capacity, decisions must be made in their best interests, in line with the Capacity and Self-Determination (Jersey) Law 2016 (see Section 7).



  1. Types of Consent


6.1. Verbal Consent

Verbal consent is typically sufficient for most routine examinations and non-invasive treatments. For example, asking a patient if they are happy to proceed with a blood test after explaining the procedure.


6.2. Written Consent

Written consent is required for invasive procedures or treatments that involve higher risks. Examples include:


  • Surgical procedures.
  • Administration of general anaesthesia.


The consent form must be signed by the patient and a witness (usually the healthcare professional obtaining consent). Written consent does not waive the requirement for ongoing discussions and explanations throughout the patient’s care.


6.3. Implied Consent

Implied consent can be assumed from a patient’s actions or behaviour when it is reasonable to do so. For example, if a patient extends their arm for a blood pressure check after being informed about it. However, implied consent should never be assumed for more invasive or risky procedures.



  1. Patients Who Lack Capacity


7.1. Capacity and Self-Determination (Jersey) Law 2016

For patients who lack the capacity to make decisions, healthcare professionals must follow the principles set out in the Capacity and Self-Determination (Jersey) Law 2016. This includes:


  • Presuming that a person has capacity unless it is proven otherwise.
  • Providing all necessary information and support to help the patient make a decision.
  • Making decisions in the patient’s best interests if they are unable to do so themselves.
  • Taking into account the patient’s wishes, feelings, and beliefs, as well as input from family members or legal representatives.


7.2. Best Interests

When making decisions for patients who lack capacity, healthcare professionals must act in the patient’s best interests. This includes considering:


  • The patient’s past and present wishes.
  • The views of family members, carers, and anyone with legal responsibility for the patient (such as a Lasting Power of Attorney).
  • The least restrictive option to maintain the patient’s rights and freedom.



  1. Consent for Minors (Under 18s)


8.1. Children Aged 16-17

Young people aged 16-17 are presumed to have the capacity to consent to their own treatment. Parental consent is not required unless there is evidence that the young person lacks capacity.


8.2. Children Under 16 (Gillick Competence)

Children under the age of 16 can consent to their own treatment if they are deemed to have sufficient understanding and intelligence to fully comprehend the proposed treatment. This is known as Gillick competence. If the child is not Gillick competent, parental consent must be obtained.


8.3. Parental Consent

For children under 16 who are not Gillick competent, consent must be obtained from a parent or legal guardian. In cases where the parent and child disagree, the child’s best interests must be prioritised, and legal advice may be sought.



  1. Consent in Emergency Situations


In emergency situations where it is not possible to obtain consent, and the treatment is necessary to save a patient’s life or prevent serious harm, treatment may be provided without consent. In such cases, healthcare professionals must act in the patient’s best interests and involve the patient or their representative as soon as it is feasible.



  1. Withdrawing Consent


Patients have the right to withdraw their consent at any time, even after a procedure has started. If a patient chooses to withdraw consent, healthcare professionals must respect this decision, explain the potential consequences, and halt any ongoing treatment unless stopping would endanger the patient’s life or health.



  1. Documenting Consent


11.1. Verbal Consent

Verbal consent should be documented in the patient’s medical records, including the information provided to the patient and their agreement to proceed.


11.2. Written Consent

For procedures requiring written consent, a signed consent form must be completed and retained in the patient’s medical records. The form should detail the information provided to the patient, the risks discussed, and any additional notes relevant to the patient’s decision.


11.3. Withdrawal of Consent

If a patient withdraws consent, this should be documented in their medical records, including the reason for withdrawal (if provided) and any further discussions that took place.



  1. Consent for Use of Personal Data


In accordance with the General Data Protection Regulation (GDPR) and the Data Protection (Jersey) Law 2018, patients must give explicit consent for the collection, use, and sharing of their personal data for purposes beyond direct care, such as research or marketing. Patients must be informed of how their data will be used, stored, and shared, and they have the right to withdraw consent at any time.


See the New Alliance Medical Suite Data Protection Policy for more detail on how your data are stored.



  1. Training and Awareness


All staff involved in obtaining consent will have received training on the principles of informed consent and data protection through their primary institution. They will have a professional obligation to keep this training up-to-date.



  1. Policy Review


This policy will be reviewed tri-annually or sooner if there are changes in legislation, regulations, or best practice guidelines.



  1. Conclusion


New Alliance Medical Suite is committed to obtaining valid, informed, and voluntary consent from all patients before providing care or treatment. By following this policy, NAMS ensures that patients’ autonomy, rights, and well-being are respected, and that the highest standards of ethical and legal practice are upheld.