Module introduction

Clinicians must work within the law and organisational contracts, such as those related to the NHS. They also need to pay heed to professional (e.g. General Medical Council, British Medical Association) and general healthcare (e.g. Department of Health) ethics and guidelines. Their requirements usually overlap but may sometimes be different or even contradictory. Consequently, we should consider ethics, the law and guidance separately, yet alongside each other.

 

Please note that ethical principles mentioned within this module apply across the board but the module is written from the English and Welsh perspective and colleagues in other UK jurisdictions should check the parallel legal situations.

 

 

Learning outcomes

 

This is the first module in a two-part learning experience. By the end of this module we hope you will:

  • understand that the law and ethics may overlap in parts, but can differ

  • be able to consider all relevant people to whom a duty of care is owed and to be able to identify the primary person to whom such a duty applies

  • be familiar with the concept of ‘the best interests of the child’ and take into consideration basic, developmental and autonomy interests

  • understand that different types and categories of rights frequently co-exist and the need to balance different people’s rights and the different rights of individuals

  • be aware that children have rights to protection, provision and participation regardless of whether they are competent to consent

  • understand the legal concept of ‘parental responsibility’.

 

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© 2009 Royal College of Psychiatrists