It is the responsibility of the health professional performing the procedure or treatment to obtain valid consent. In NHS Ayrshire & Arran, it is the general expectation that the operator will obtain consent personally. Only by doing so, can the operator be assured that the patient truly understands the procedure, its benefits, risks and alternatives?

General Medical Council guidance states that the task of seeking consent may be delegated to another health professional, as long as that professional is suitably trained and qualified; has sufficient knowledge of the proposed investigation or treatment and understands the risks involved; and understands, and agrees to act in accordance with GMC guidance. Responsibility for the delegated consent remains with the health professional performing the procedure, and if inappropriately delegated is not valid consent.

Learning to seek consent is an important part of the training of junior doctors. Having become familiar with the principles of consent, they may learn by observing trained members of staff seeking consent, and then by seeking consent with the direct supervision of the responsible clinician. Junior doctors must not be asked to seek consent for procedures of which they have limited knowledge and experience.

Although they would not be able to seek consent independently, there may be members of the healthcare team who may have a good rapport and relationship with a patient. Their involvement in the consent process may help to encourage a dialogue and discussion, and help to clarify any specific concerns the patient may have.