Consent

Man in electric wheelchair looking out to the sea

Reflections on the June 2026 Supreme Court ruling: What is valid subjective consent?

22 June 202619 June 2026
Mental Capacity in Practice

On 2nd June 2026, the Supreme Court made a landmark ruling (AGNI) that sent shockwaves through the health and care profession as it overturned a famous – and critical – piece of case law known by many as Cheshire West.

While the full impact and ramifications of this ruling are still to be felt across the sector, in this blog we would like to dwell on one particularly interesting concept that emerged: the notion of subjective consent.

Elderly mother and daughter walking in park. Mother uses walking frame, while daughter helps support her.

Supported decision-making in practice

29 April 202427 April 2024
Mental Capacity in Practice

Within the realm of Mental Capacity, when we talk about ‘supported decision-making’, this refers to any form of assistance given within the decision-making process. This may include the provision of relevant information, or even providing education around a topic to help someone make a choice.

Case study: What do we mean by ‘decision specific’?

1 January 202422 December 2023
Case Study, Mental Capacity in Practice

We all make many thousands of micro-decisions on a daily basis, from the way we make a cup of tea to what we watch on TV. However, when it comes to decision making, the Mental Capacity Act (2005) is ‘decision specific’. This means that it relates to a specific decision made at a specific time. It does not refer to decision-making more broadly. This raises the question: how specific do we need to be when we assess capacity?

Monitoring device: Man installing a CCTV camera

Mental capacity: monitoring and consent

4 September 20234 September 2023
Mental Capacity in Practice

Surveillance has become a common part of everyday life. From CCTV and alarms to remote monitoring cameras and GPS tracking on mobile phones, there are so many different ways of tracking our movements and the things that we do.

Young man taking photo, pointing camera towards the viewer.

Mental capacity in practice: Consent to be photographed

2 January 202324 December 2022
Mental Capacity in Practice

In everyday healthcare practice we are directed by legislation and best practice guidance to gain informed consent for medical interventions, care plans and, broadly speaking, any professional interaction. This includes consent to be photographed, which in years gone by would have included use on medication charts (MARS sheets), care plans and care provider notice boards. In more recent years, it also includes the use of photos shared on social media, email and messaging services such as WhatsApp.

Dealing with trauma: young man staring into distance

Clients who are unwilling or unable to engage

28 November 202227 May 2024
Mental Capacity in Practice

There are occasions where an individual may be unwilling or unable to engage with a mental capacity assessment, from which there are many possible reasons why this may occur. For example, there may be an issue with the specific context of the situation, the individual’s health conditions, the professional’s approach to the test, or even the adaptations that have been made to support.

Consent to treatment: patient preparing for an MRI scan

Using LEGO to support capacity and enable informed consent

4 April 20226 June 2022
Comment

LEGO has launched a new kit designed to help ease children’s anxieties around using an MRI scanner. This fantastic toy helps bridge the gap in understanding around what is going to happen, putting the process of an MRI scan in terms that a child can understand, facilitating their comprehension and thereby reducing anxiety around the whole process.