https://www.rcpsych.ac.uk/policyandparliamentary/committees/ppec/ppecblog/informedconsent-thenewlaw.aspx?theme=mobile … This seems to set bar re consent even higher - the problem is trusts seem to ignore the guidance.
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Kind of. What the Montgomery ruling did was raise the bar of the civil standard (negligence) for INFORMED consent. But criminal standard for baseline consent hasn't changed. Key words there are nature & purpose. What exactly are you proposing to do to me & why? Assault without.
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TY v. helpful. My experience, not as serious as some. In short I had meeting with Honorary Psychotherapist I thought to discuss counselling he thought to assess. No info given re what to expect no consent secured. He imposed harmful Dx on me. Prof conduct case largely upheld.
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Interesting the case was upheld. Rightly so, from what you've said. The guidelines are entitled 'Consent to EXAMINATION or treatment' for a reason. You don't even get to assess someone with capacity without their consent, let alone diagnose/treat. Sorry to hear that happened.
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Upheld by prof regulatory body due to ethical code of client autonomy being breached. They considered informed consent. NHS carried on muttering about being able to rely on implied consent.
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Anyone who talks about implied consent tends to make me stop and take notice. It may have it's place, but it's a dangerous line around which to dance, that one. It's been a clear, thick, red line since Nuremberg, but some still seem willing to try and blur it.
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My heart is just breaking today for what's unfolding in cover up from all angles. Finger blaming in all directions. I can see undocumented inappropriate consent not from me." They will make sure to ask in future" nice to be included in my child's care.

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Dire, isn't it? It beggars belief that they actually wrote all that down tbh. And it's only more mind blowing that they provided a copy to you. Some lawyers might argue it's tantamount to an admission of guilt, imho. Have you reported this to anyone outside of the trust as yet?
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But this just brings us back to the root of the problem: it doesn't matter what the law says if nobody's enforcing it.
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