Information for the public
In the NHS, patients and healthcare professionals have rights and responsibilities as set out in the NHS Constitution (www.dh.gov.uk/en/DH_132961). All NICE guidance is written to reflect these. You have the right to be involved in discussions and make informed decisions about your treatment and care with your healthcare team. Your choices are important and healthcare professionals should support these wherever possible. You should be treated with dignity and respect.
To help you make decisions, healthcare professionals should explain epilepsy and the possible treatments for it. They should cover possible benefits and risks related to your personal circumstances. All decisions about tests, treatments and care should be made jointly by you, and your family or carers as appropriate, and your healthcare professional. Your needs, wishes and concerns should be discussed and taken into account, and information should be provided to help you understand your circumstances and the choices you have. (See 'After your diagnosis' for more details about information that should be provided.)
The relevant information should be suitable for you and reflect your age and level of understanding, and any religious, ethnic, or cultural needs you have. It should also take into account whether you have any physical or learning disability, sight or hearing problem or language difficulties. You should have access to an interpreter or advocate (someone who helps you put your views across) if needed.
Your family and carers should be given their own information and support. If you agree, they should also have the chance to be involved in decisions about your care.
You should be able to discuss or review your care as your treatment progresses, or your circumstances change. This may include changing your mind about your treatment or care. If you have made an 'advance decision' (known as a 'living will' in the past) in which you have already given instructions about any treatments that you do not wish to have, your healthcare professionals have a legal obligation to take this into account.
All treatment and care should be given with your informed consent. If, during the course of your illness, you are not able to make decisions about your care, your healthcare professionals have a duty to talk to your family or carers unless you have specifically asked them not to. Healthcare professionals should follow the Department of Health's advice on consent (www.dh.gov.uk/en/DH_103643) and the code of practice for the Mental Capacity Act. Information about the Act and consent issues is available from www.nhs.uk/CarersDirect/moneyandlegal/legal. In Wales healthcare professionals should follow advice on consent from the Welsh Government (www.wales.nhs.uk/consent).
In an emergency, healthcare professionals may give treatment immediately, without obtaining your informed consent, when it is in your best interests.
Care of young people who are moving from services for children to adult services should be planned according to guidance from the Department of Health ('Transition: getting it right for young people' available from www.dh.gov.uk/en/DH_4132145).
If you are under 16, your parents or carers will need to agree to your treatment, unless it is clear that you fully understand the treatment and can give your own consent.
In an emergency, if the person with parental responsibility cannot be contacted, healthcare professionals may give treatment immediately when it is in the child's best interests.