Dental consent law in the UK
UK dentistry is expected to obtain valid, informed consent before treatment. The following frameworks shape what “good” consent looks like in practice — and why records matter if a complaint or claim arises.
This page is general information, not legal advice. For your own situation, take professional legal and indemnity guidance.
Montgomery and material risks
The Supreme Court in Montgomery v Lanarkshire (2015) emphasised that patients should be told what a reasonable person in their position would want to know — including material risks, reasonable alternatives, and the option of no treatment. Consent is a process of dialogue, not only a signature on a form.
GDC standards
The General Dental Council expects registrants to work within its standards, including obtaining valid consent, explaining options clearly, and keeping accurate records of discussions and decisions. Poor documentation makes it harder to demonstrate that consent was properly obtained.
CQC Regulation 11
In England, the Care Quality Commission assesses whether care is provided with consent under Regulation 11. Practices need systems and records that show consent was sought and respected, including for people who may lack capacity (see below).
Mental Capacity Act 2005
Where capacity may be in doubt, the Mental Capacity Act 2005 (England and Wales) sets out how to assess capacity and act in a person's best interests. Different rules apply in Scotland (Adults with Incapacity (Scotland) Act). Your team should follow your jurisdiction's framework and training.
What this means for digital consent
- Use consent processes that reflect discussion — clear information on treatment, risks, alternatives, and costs — not tick-box theatre.
- Keep contemporaneous, retrievable records (who was told what, when, and how the patient decided).
- Align templates and workflows with your indemnifier and local policies.
SmileConsent for UK practices
AI-assisted, UK-law-aware consent wording, multi-treatment support, and digital signing — with records you can stand behind.
Deeper reading: free CPD on legal consent in dentistry · regulation & consent insights.