Table 3

When is sharing information without a competent patient’s consent, or in the face of withheld consent, permissible?

BMA adults at risk, confidentiality, and disclosure of information guidance45 and BMA adult safeguarding46	GMC confidentiality guidance39
‘Disclosure of information without consent … is likely to be exceptional. This is likely to be where there is strong evidence of a clear and imminent risk of a serious crime likely to result in serious harm to the individual, and the disclosure of the information is likely to prevent it’.	‘In very exceptional circumstances, disclosure without consent may be justified in the public interest to prevent a serious crime such as murder, manslaughter or serious assault even where no-one other than the patient is at risk. This is only likely to be justifiable where there is clear evidence of an imminent risk of serious harm to the individual, and where there are no alternative (and less intrusive) methods of preventing that harm’ (endnote 18, p.73).

BMA adults at risk, confidentiality, and disclosure of information guidance45 and BMA adult safeguarding46

GMC confidentiality guidance39

‘Disclosure of information without consent … is likely to be exceptional. This is likely to be where there is strong evidence of a clear and imminent risk of a serious crime likely to result in serious harm to the individual, and the disclosure of the information is likely to prevent it’.

‘In very exceptional circumstances, disclosure without consent may be justified in the public interest to prevent a serious crime such as murder, manslaughter or serious assault even where no-one other than the patient is at risk. This is only likely to be justifiable where there is clear evidence of an imminent risk of serious harm to the individual, and where there are no alternative (and less intrusive) methods of preventing that harm’ (endnote 18, p.73).

BMA, British Medical Association.