Right to Informed Consent in the United Kingdom
Reviewed by the Commoner Law Editorial Team. Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
For most of the twentieth century, English medical law operated on the Bolam standard — what a reasonable body of doctors would do. If a procedure was standard practice, the doctor didn't have to spell out the risks. Patients took what they were told. The Supreme Court ended that in 2015 in Montgomery v Lanarkshire Health Board: clinicians must now tell you about any material risk — a risk that a reasonable patient in your position would attach significance to.
Before any treatment, the doctor must explain:
- The nature of what's proposed
- The risks and benefits
- Alternative options — including doing nothing
- What happens if you decline treatment entirely
Consent must be voluntary. Pressure, coercion, or misleading information vitiates consent — and treatment without valid consent can become battery in law.
When does it apply?
- Applies to all medical treatment — surgery, medication, tests, vaccinations, and procedures.
- You can withdraw consent at any time, even during a procedure.
- Children aged 16-17 can consent to treatment. Children under 16 can consent if they have sufficient understanding (Gillick competence).
- If you lack mental capacity, the Mental Capacity Act 2005 requires treatment to be in your best interests, involving you as much as possible and consulting relevant people.
- You can make an advance decision (living will) refusing specific treatments in the future — this is legally binding if made when you had capacity.
What to Do If You Were Not Given Informed Consent for NHS Treatment
Treat consent as a conversation, not a form. The signature is the last step, not the whole point.
- Ask questions. Plain English, real numbers, real alternatives. A good clinician welcomes them.
- Take your time. Outside genuine emergencies, you don't have to decide on the spot. Ask for the conversation to continue another day.
- To refuse treatment, say so clearly. The right to refuse is absolute — even if the doctor thinks the decision is unwise, the law respects it.
- Consider a Lasting Power of Attorney for health and welfare. It appoints someone you trust to make decisions if you lose capacity — far better than leaving it to a best-interests process down the line.
What should you NOT do?
- Don't sign a consent form you haven't understood. A signature without informed understanding is not legally valid consent.
- Don't assume silence is agreement. Consent has to be given, not just not refused.
- Don't accept "it's routine" as a substitute for the risk discussion. Even routine procedures carry material risks, and Montgomery means you're entitled to hear them.
Common Questions
When does right to informed consent apply?
Applies to all medical treatment — surgery, medication, tests, vaccinations, and procedures.You can withdraw consent at any time, even during a procedure.Children aged 16-17 can consent to treatment. Children under 16 can consent if they have sufficient understanding (Gillick competence).If you lack mental capacity, the Mental Capacity Act 2005 requires treatment to be in your best interests, involving you as much as possible and consulting relevant people.You can make an advance decision (living will) refusing specific treatments in the future — this is legally binding if made when you had ca...
What should I do if my NHS doctor did not explain the risks before my treatment in the UK?
Treat consent as a conversation, not a form. The signature is the last step, not the whole point.Ask questions. Plain English, real numbers, real alternatives. A good clinician welcomes them.Take your time. Outside genuine emergencies, you don't have to decide on the spot. Ask for the conversation to continue another day.To refuse treatment, say so clearly. The right to refuse is absolute — even if the doctor thinks the decision is unwise, the law respects it.Consider a Lasting Power of Attorney for health and welfare. It appoints someone you trust to make decisions if you lose capacity — far...
What mistakes should I avoid with right to informed consent?
Don't sign a consent form you haven't understood. A signature without informed understanding is not legally valid consent.Don't assume silence is agreement. Consent has to be given, not just not refused.Don't accept "it's routine" as a substitute for the risk discussion. Even routine procedures carry material risks, and Montgomery means you're entitled to hear them.