Before you begin… getting consent right

Consent is more than a signature on a form. It’s part of every conversation you have with a client, from the first enquiry through to the end of treatment. When managed well, it helps create a safe, transparent environment between you and your client.
This article is written for health and wellbeing professionals working in the Republic of Ireland. Laws, regulatory expectations and professional guidance can differ in other countries, so always check the rules that apply where you practise.

Why does consent matter?

Consent protects both you and your client.

By explaining what you’re doing and why, the risks, benefits and alternatives – and checking they are happy to proceed – you:

• respect your client’s right to choose what happens to their body or the subjects discussed
• reduce the risk of misunderstandings, complaints or claims
• strengthen the relationship between you and your client

You know your treatment and why you use certain techniques – your client often does not. Clear consent keeps them informed and safe and helps safeguard your practice.

So, having a clear consent process means your client understands:

• what you plan to do
• why you’re doing it
• the benefits of working in this way
• what other options they have if they feel unsure or uncomfortable.

In reality, consent isn’t a single moment; it’s a conversation you keep coming back to during your sessions. Checking in regularly about consent shows respect for your client’s boundaries and is a practical way to protect both them and your professional reputation.

What should you consider?

Coming for a treatment does not automatically mean a client has agreed to everything you plan to do. Consent can be:

Explicit – Clearly given, in writing or verbally

Implied – Indicated by a client’s actions (for example, implied consent might be a client rolling up a sleeve and holding out their arm after you have explained that you will be taking their blood pressure.)

When obtaining consent, consider:

Capacity and vulnerabilities

Ask yourself: does this client seem able to understand and weigh up what I’m proposing? Are there any signs that they may struggle to remember or process the information? Do they have any vulnerabilities that could impair their ability to make a decision?

If you are ever unsure about consent, particularly with children, young people or adults who may be vulnerable, slow down, explain simply, check understanding. Where capacity is a concern, consider any guidance from your Irish professional body and, if needed, seek advice on how the Assisted Decision‑Making (Capacity) Act 2015-2022 may apply in your situation.

When do you need informed consent?

Where the treatment involves touch, removal of clothing or more invasive techniques, it is in your best interest to get informed consent. This includes providing clear information on:

• The nature of the treatment.
• What the client can expect in terms of the level and areas of touch
• Any reasonable alternatives and the impact of choosing these.

Give clients time to consider

Clients should have enough time to think, ask questions and decide whether this is the best way forward for them. They should not feel rushed or pressured.

Consent should continue throughout the treatment. If anything changes – techniques, treatment plan, or the client’s situation – pause and check consent again.

Recording consent

When you’ve agreed consent, make sure you record it clearly and date it in your treatment notes. These records are your first line of defence in the event of a complaint or claim, so good documentation is essential. If your consent forms or treatment records contain personal data (which they usually do), you must also handle them in line with data protection law in Ireland, including GDPR as it applies here and the Data Protection Act 2018. This means keeping information secure, only retaining it for as long as necessary, and having a lawful basis for processing.

For more detail on this, please see our article on record keeping.

When deciding what level of consent is needed for the activity or treatment you provide, you should also refer to your training provider and/or professional association for best practice guidelines.

Spotlight on working with children and young people

Treating children and young people can be complex. As a health and wellbeing professional in Ireland, it’s important to understand what your insurance policy, professional body and Irish law require.

Many professional insurance policies expect you to:

• Get written consent from a parent or legal guardian before starting treatment with a child or young person; and
• Keep clear evidence of this within your treatment records.

You might also come across young people who appear mature and able to understand what you are proposing. In these situations, you should:

• Consider their ability to understand the treatment, its risks and alternatives
• Take into account any guidance from your Irish professional body or training provider
• Follow your insurer’s requirements and, where appropriate, seek written consent from a parent or guardian as well.

If you are unsure how it applies to your work in Ireland, you should review any guidance from your professional body and, where necessary, seek independent legal or professional advice

Material risks

When you get a client’s consent for treatment, you must clearly explain any important risks. An important (material) risk is anything that a reasonable person in the client’s position would want to know before deciding. This includes common side effects, even if they are mild, and clear guidance on what the client should do if they notice them.

For example, if a treatment commonly causes temporary soreness or bruising, or may leave a client feeling light‑headed, these are points a reasonable person is likely to want to know before agreeing.

Consent in practice: claims case study

A client attends a massage treatment at a therapy clinic in Ireland. The treatment was explained briefly, and the client was asked to remove his clothing and position himself under the towels.

During the session, he claimed that he felt his buttocks were inappropriately exposed and that the towels did not adequately protect his dignity. He later raised a formal complaint against the therapist.

What was the consent issue?

• The client did not feel fully informed about how much clothing he needed to remove
• He did not feel in control over the placement of the towel or what areas were exposed

How could obtaining consent have helped this scenario?

A conversation around consent could have:

• Clearly explained the areas that would be treated and what level of undress was needed
• Described how the towels could maintain modesty and if they required any extra cover
• Invited the client to say if they felt exposed at any point and reassured them they could ask to adjust the towels OR stop the session at any time.
• Offered options, talked through simple modifications (working through clothes, avoiding certain areas) if they did not feel comfortable.

Making consent part of everything you do keeps clients informed and safe and is one of the simplest, most powerful ways to protect yourself and your professional reputation as a practitioner in Ireland.

Disclaimer: The information in this article is provided as general guidance only and does not constitute legal, regulatory, clinical or professional advice. It may not address all of the requirements or circumstances that apply to your particular situation. If you need specific advice relating to your own circumstances, please contact us in the first instance if you are a Balens client.

All case studies are illustrative only and do not describe real clients or situations.