Refusal Consent Form - England and Wales

Refusal Consent Form for the United Kingdom

Refusal Consent Form Template for England and Wales

A Refusal Consent Form is a legal document used in England and Wales that allows individuals to formally decline specific medical treatments, procedures, or interventions. The document complies with the Mental Capacity Act 2005 and common law principles of informed consent, providing documentation of a patient's informed decision to refuse treatment while protecting healthcare providers from liability. It includes detailed information about the refused treatment, acknowledged risks, and confirmation of the individual's capacity to make such decisions.

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What is a Refusal Consent Form?

The Refusal Consent Form serves as a critical legal instrument in healthcare settings across England and Wales, ensuring patients' right to autonomy in medical decision-making. This document becomes necessary when an individual wishes to decline recommended medical treatment while having the mental capacity to make such decisions. The form typically includes the patient's personal details, specific treatment being refused, acknowledgment of risks, and confirmation of capacity. It provides protection for both patients and healthcare providers, creating a clear record of the informed refusal decision. The document must comply with the Mental Capacity Act 2005, common law principles, and relevant healthcare regulations.

What sections should be included in a Refusal Consent Form?

1. Personal Information: Patient/individual's full name, date of birth, contact details and other identifying information

2. Treatment/Procedure Details: Specific description of the treatment or procedure being refused, including any relevant medical codes or references

3. Capacity Declaration: Statement confirming the individual has mental capacity to make this decision and understands its implications

4. Risks Acknowledgment: Statement acknowledging that all risks and consequences of refusing treatment have been explained and are understood

5. Signature Section: Space for individual's signature, date, witness details and healthcare provider confirmation

What sections are optional to include in a Refusal Consent Form?

1. Alternative Treatment Options: Section detailing alternative treatments that have been discussed and considered

2. Time Limitation: Section specifying the duration for which the refusal is valid, particularly relevant for future treatments

3. Healthcare Provider Details: Section for recording details of relevant medical staff and healthcare providers involved

What schedules should be included in a Refusal Consent Form?

1. Information Sheet: Detailed information about the refused treatment/procedure including its purpose and normal outcomes

2. Risk Assessment: Comprehensive outline of potential consequences and risks associated with refusing the treatment

3. Capacity Assessment Form: Detailed documentation of the capacity assessment process and findings

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Assent Form

A legal template under English and Welsh law used to obtain formal agreement from individuals who may not have full legal capacity to provide consent.

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What is a Refusal Consent Form?

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