Trust Board Febuary 2010 - Sandwell & West Birmingham Hospitals

SWBTB (2/10) 037 (a)
stop the recording at any time and that they are entitled to view it if they wish, before deciding
whether to give consent to its use. If the patient decides that they are not happy for any recording to
be used, it must be destroyed. As with recordings made with therapeutic intent, patients must
receive full information on the possible future uses of the recording, including the fact that it may
not be possible to withdraw it once it is in the public domain.
The situation may sometimes arise where you wish to make a recording specifically for education,
publication or research purposes, but the patient is temporarily unable to give or withhold consent
because, for example, they are unconscious. In such cases, you may make such a recording, but you
must seek consent as soon as the patient regains capacity. You must not use the recording until you
have received consent for its use, and if the patient does not consent to any form of use, the
recording must be destroyed.
If the patient is likely to be permanently unable to give or withhold consent for a recording to be
made, you should seek the agreement of some-one close to the patient. You must not make any use
of the recording which might be against the interests of the patient. You should also not make, or
use, any such recording if the purpose of the recording could equally well be met by recording
patients who are able to give or withhold consent.
14 Delegated Consent
Delegated consent involves staff who are not capable of performing the procedure but are
authorised to obtain consent from a patient due to undergo that procedure. Valid consent to
treatment involves a patient’s agreement to the intervention following a discussion and
understanding of the risks and benefits of the procedure that is being undertaken. The Consultant is
ultimately responsible for ensuring that the patient is genuinely consenting to what is being done.
15 Delegated consent
The Trust expects that consent will generally only be taken by Consultants or other professionals
capable of carrying out the proposed procedure. Consent should not be delegated to the most
junior doctors in training (ie FY1s)
For consent to be valid, the decision to proceed must be made by a patient who has been fully
informed of the intended benefits and the significant, unavoidable or frequently occurring risks.
Healthcare professionals who do not carry out the procedure themselves cannot be assumed to have
the necessary knowledge to explain the risks and benefits without specific training. This section
describes the procedures which must be followed where Consultants wish to delegate the taking of
consent to doctors in training and other healthcare professionals. Compliance with this requirement
will be subject to audit.
Requirements for Delegated Consent
The consultant in charge of the patient's care understands that they remain responsible and will
need to be involved in the training and supervision of the professionals taking delegated consent.
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