courts will only recognise true consent when the patient has been informed in broad terms bout the nature of the procedure (as demonstrated in Chatterson v Gerson). A doctor is under a duty to take reasonable care to ensure that a patient is aware of risks to which they are likely to attach significance. Whilst a doctor can withhold information if they consider it detrimental to the patient's health, this exception does not entitle a doctor to withhold information just because the patient may make a decision the doctor disapproves of. As demonstrated in the case of Montgomery v Lanarkshire Health Board. Statute provides that children aged 16 and over can consent to medical treatment, provided they have sufficient maturity and intelligence to understand the nature and implications of the proposed treatment. Therefore, any action taken has been consented to and would not constitute a tort of battery. Parent consent may also suffice. Those who cannot consent Some people cannot consent: Following the statute of the Mental Capacity Act 2005 s. 5: Following s. 1. 3 A person is not to be treated as unable to make a decision unless all practical steps to help him to do so have been taken without success. Following s. 1. 4 A person must not be treated as unable to make a decision just because they make an unwise decision. Mental Capacity Act 2005Section 2 People who lack capacity'(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. (2) It does not matter whether the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to- (a) a person’s age or appearance, or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity (4) In proceedings under this Act or any other enactment, any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities. This provides that care or treatment can go ahead after all, if it is in the best interest of the patient. However, when medical treatment is no longer