Patient Autonomy, Resource Allocation, and Consent to Treatment: An Analysis of the NHS Constitution's Commitment to Patient-Centred Care within English Medical Law
| Pages | 9-17 |
| Date | 01 June 2026 |
| Published date | 01 June 2026 |
| Author | Saskia Simpson |
| Subject Matter | Social Sciences |
Southampton Student Law Review
Volume 16, Issue II Autumn 2026
9
ARTICLE
Patient Autonomy, Resource Allocation, and Consent to
Treatment: An Analysis of the NHS Constitution's
Commitment to Patient-Centred Care within English
Medical Law
SASKIA SIMPSON†
University of Winchester
ABSTRACT. This article analyses how far the NHS considers patient autonomy within
English medical l aw, examining autonomy, resource allocation and consent to treatment.
This essay argues that, while the NHS and courts broadly uphold patient autonomy through
the right to refuse treatment, the informed consent framework and the recognition of bodily
integrity, it remains subject to significant safeguarding and resource constraints. It explores
how the principle of self-determination is balanced against resource limitat ions, where
finite budgets require allocation decisions that override individual preferences. It further
outdated frameworks governing abortion limit autonomous decision-making for vulnerable
groups. The article further examines conflicting safeguarding considerations, including
end-of-life decisions, where courts have prioritised safeguarding over patient preferences.
It concludes that, while the NHS strives to tailor care to individual preferences, true
autonomy remains conditional; constrained by legal, ethical and resource factors.
Table of Contents
Introduction ......................................................................................................................... 9
1. Autonomy and Consent to Treatment .................................................................. 10
2. Resource Allocation and Wider Considerations ................................................... 12
3. Safeguarding ........................................................................................................ 14
Conclusion ........................................................................................................................ 17
Introduction
he NHS should help and promote individuals to manage and tailor their
healthcare to their needs and preferences. Patients should have the right to
† LLB at University of Winchester (First Class Honours). I would like to thank my supervisor and
editor, Ogechi Ikonne, for her guidance and support throughout the writing process. I am also
grateful to Khadijeh Masty, my medical law lecturer, for her insight and support throughout my
medical law module.
T
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