# If coercion is a necessary element of 'confinement' when could there ever be 'valid consent'?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772>\
**Category:** Mental Capacity Act\
**Tags:** dol, agni\
**Created:** [12 June 2026 06:13 UTC](https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772 "2026-06-12T06:13:58Z")\
**Posts on this page:** 1\
**Showing post:** 4

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**Author:** ![JamesCodling](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/j/e95f7d/32.png) [@JamesCodling](https://forum.mentalhealthlaw.co.uk/u/JamesCodling)\
**Post date:** [12 June 2026 10:21 UTC](https://forum.mentalhealthlaw.co.uk/t/if-coercion-is-a-necessary-element-of-confinement-when-could-there-ever-be-valid-consent/5772/4 "2026-06-12T10:21:12Z")

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> [@Jonathan](#):
>
> - I think the courts have left open the (contentious) possibility that a third party can provide the valid consent even if you object.

Yeah that was interesting, so I would assume that this would need to be:

- LPA for Health and Welfare (NB: I wonder whether the OPG would consider an opt in or opt out of this (or at least allude to this in the ‘instructions’ section), like there is the opt in / out for life sustaining treatment in section 5 of the form _“You must choose whether your attorneys can give or refuse consent to life-sustaining treatment on your behalf.”,_ [LP1H Lasting power of attorney - Health and care decisions](https://assets.publishing.service.gov.uk/media/68a83d5d3a052c9c504c8d8f/20250822-LP1H-create-and-register-your-lasting-power-of-attorney.pdf))
- Deputy for Health and Welfare (but would need to be specified in Court Order)
- Re 16 & 17 year olds we have [In the matter of D (A Child) - UK Supreme Court](https://www.supremecourt.uk/cases/uksc-2018-0064) which concluded _“para 49 […] it was not within the scope of parental responsibility for D’s parents to consent to a placement which deprived him of his liberty”_. Interesting to see what happens in this space.

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