● Mandatory
Legal duty — no consent required, cannot be waived
Preserve life where the patient lacks capacity and there is immediate risk of death or serious harm (MCA s5 best interests). Protect children and vulnerable adults from significant harm (Children Act s47, Care Act 2014) — consent not required and sometimes must not be sought. Respond to a 999 dispatch as directed (contractual / employer duty). These obligations exist regardless of patient wishes or any other factor.
Failure here = potential criminal liability, inquest finding, or fitness-to-practise referral.
● Prof. Expectation
HCPC / employer standard — expected but conditional on consent
Complete a PRF, conduct a capacity assessment, offer referral pathways, provide safety netting, follow JRCALC guidance, escalate to EOC when uncertain. These are professional and employer obligations that a capacitous patient cannot entirely override — but they describe how you practise, not whether you can compel action. If a patient refuses a referral you offered and documented, you have met the standard.
Failure here = complaints, disciplinary proceedings, or fitness-to-practise risk — not usually criminal.
● Discretionary
Best practice — requires consent from a capacitous adult
GP referral, Early Help, community team signposting, social care referral, follow-up arrangements, sharing information with third parties. All good clinical practice. None of it can be done without patient consent (or a lawful basis under GDPR) if the patient is a capacitous adult. You can offer, explain the benefit, and document the refusal — but you cannot proceed without agreement.
Doing this without consent = potential data protection breach, even if clinically well-intentioned.
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The grey zone
Most prehospital decisions sit between professional expectation and discretionary. Capacity is often partial or uncertain. Risk is rarely clear-cut. The law uses words like "reasonable" and "appropriate" deliberately — because it cannot anticipate every scenario. Your protection in the grey is: structured assessment, documented reasoning, escalation when unsure, and a PRF that shows you thought it through.