Adult Support and Protection (Scotland) Act 2007: guidance for General Practice

Consent

When considering whether to share concerns, if possible, the individual's consent should be obtained prior to sharing information. As a further resource, the British Medical Association have a downloadable seeking patient consent toolkit.

Do you need the consent of the adult to make a referral?

No. Whilst adults with capacity have the right to consent or otherwise to the GP making a referral, there may be a lawful basis to share information under the Act without consent.

There is a difference between medical consent and data sharing consent.

It is important to be open and transparent with the adult, and vital that all decisions and rationale are recorded.

Further information around UK GDPR and consent in respect of data sharing can be found here - Why is consent important? | ICO