Learning Disability Consent — ORE Part 1 MCQ
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Correct answer: C — Proceed with the examination, recording the patient’s non-verbal consent
Explanation lettering: E = shown as A · D = shown as B · A = shown as C · C = shown as D · B = shown as E
A is correct. Under the Mental Capacity Act 2005, an adult is presumed to have capacity unless there is evidence otherwise; capacity is specific to the decision and time. A learning disability does not itself mean that capacity is absent. Here, the patient has been given an accessible explanation and communicates agreement by cooperative non-verbal behaviour. For a straightforward examination, the dentist may proceed and should record how consent was obtained. B and C are wrong because a parent or carer has no automatic authority to consent for an adult. D is wrong: court involvement is reserved for particular serious, disputed or complex matters, not routine examination. E wrongly equates learning disability with incapacity.
Reference: Office of the Public Guardian, Mental Capacity Act 2005 Code of Practice, chapters 4 and 6 (2007; GOV.UK publication page updated 14 October 2020): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/497253/Mental-capacity-act-code-of-practice.pdf