Learning disabilities

Resources: Consent and capacity


UK wide

GMC guidance - Consent: patients and doctors making decisions together (pdf)

BMA guidance - Consent tool kit

England & Wales

Mental Capacity Act 2005 (England and Wales)

MCA Code of Practice 

BMA guidance - The Mental Capacity Act 2005: Guidance for health professionals (2009) 

The Foundation for People with Learning Disabilities guidance: Whose Decision? Preparation for and implementation of the Mental Capacity Act in statutory and non-statutory services in England and Wales 

Assessing Mental Capacity website

British Psychological Society  Best Interests: Guidance on determining the best interests of adults who lack the capacity to make a decision (or decisions) for themselves (pdf)

Reference guide to consent for examination or treatment (2nd edition, 2009) Department of Health, England (pdf)

Making Decisions: The Independent Mental Capacity Advocacy (IMCA) Service, Department of Health, England (pdf)

Reference Guide for Consent to Examination or Treatment (2008), Welsh Assembly Government


Adults with Incapacity (Scotland) Act 2000 (Scotland)   

Adults with Incapacity (Scotland) Act 2000: Code of Practice (Third Edition): For Practitioners Authorised to Carry Out Medical Treatment or Research under Part 5 of the Act Scotland    

Scottish Government guidance - A Good Practice Guide on Consent for Health Professionals in NHS Scotland (2006) (pdf)

BMA guidance - Medical treatment for adults with incapacity: guidance on ethical and medico-legal issues in Scotland (2009)

Scottish Government guidance - Adults with Incapacity (Scotland) Act 2000: A Guide to Communication and Assessing Capacity Scotland for social work and healthcare staff 

Mental Welfare Commission for Scotland good practice guidance on Working with the Adults with Incapacity Act

PAMIS (Profound and Multiple Disabilities Scotland): Invasive Procedures - minimising risks, maximising rights (pdf)

Northern Ireland

Reference guidance to consent for examination, treatment or care (March 2003) - Department of Health, Social Services and Public Safety NI (pdf)

Seeking consent: Working with people with learning disabilities (March 2003)Department of Health, Social Services and Public Safety NI (pdf) 

Consent: What you have a right to expect: A guide for people with learning disabilities (March 2003)Department of Health, Social Services and Public Safety NI (pdf)