Consent, Confidentiality & Mental Capacity for ORE Part 1
Comprehensive guide to UK Mental Capacity Act 2005, Gillick competence, Montgomery consent ruling, and GDPR patient rights.
Key Syllabus Concepts Tested in Consent, Confidentiality & Mental Capacity
- Mental Capacity Act (MCA 2005): Presumption of capacity, two-stage functional test, and Best Interests decisions
- Gillick Competence allowing under-16s to give valid consent without parental override if mature
- Montgomery v Lanarkshire (2015) landmark Supreme Court ruling requiring material risk disclosure
- GDPR Subject Access Requests (SAR) providing free patient record copies within 1 calendar month
Sample SBA Practice Questions
Sample Question 1 (Paper B)
Under the Mental Capacity Act 2005, what is the first fundamental statutory principle regarding adult capacity?
- An adult must be assumed to lack capacity until it is demonstrated otherwise
- An adult's next of kin must consent once capacity is in any doubt
- An adult's capacity is judged globally for the person, not decision by decision
- An adult must be assumed to have capacity unless established otherwise
✅ Correct Answer: An adult must be assumed to have capacity unless established otherwise
Explanation: Principle 1 of MCA 2005: A person must be assumed to have capacity unless established otherwise.
Clinical Pearl: MCA 2005 Principle 1: Assume capacity unless established otherwise.
Sample Question 2 (Paper B)
What does 'Gillick Competence' establish in UK law regarding medical treatment for children under 16?
- A child aged 16 or 17 is presumed competent to consent to routine dental treatment
- A child under 16 may give valid consent if they have sufficient understanding of the treatment
- A child's competence must be formally assessed and recorded by a paediatrician beforehand
- A child under 16 may consent, but a parent may always override that child's refusal
✅ Correct Answer: A child under 16 may give valid consent if they have sufficient understanding of the treatment
Explanation: Gillick competence allows children under 16 to consent if they possess sufficient understanding of procedures and risks.
Clinical Pearl: Gillick competence enables children under 16 with sufficient maturity to consent.
Sample Question 3 (Paper B)
What are the 3 essential requirements for informed patient consent to be legally valid in the UK?
- Patient is told all risks, agrees before a witness, and is given a cooling-off period
- Patient understands the treatment, agrees freely, and re-signs consent at each visit
- Patient is informed, acts voluntarily without coercion, and has capacity to decide
- Patient is informed, has capacity, and signs a written consent form before treatment
✅ Correct Answer: Patient is informed, acts voluntarily without coercion, and has capacity to decide
Explanation: Valid consent requires adequate information disclosure, voluntary choice without coercion, and mental capacity.
Clinical Pearl: Valid consent requires information disclosure, voluntary choice, and mental capacity.
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