Consultee

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Discover the vital role of consultees when a person lacks capacity to consent. This section explains who can act as a personal or nominated consultee, how researchers recruit and support consultees, and what consultees need to consider when advising on an individual’s likely wishes about research participation.

When a person lacks capacity to give informed consent, the Mental Capacity Act (2005) requires researchers to involve a consultee to help decide whether participation in a study aligns with the person’s likely wishes and feelings.

Watch this short video to learn about the role of personal and nominated consultees, how they are identified and how they can support researchers in understanding a person's likely wishes about research participation.

Read the video transcript

Consultees

Where a person lacks mental capacity, additional requirements of the Mental Capacity Act 2005 need to be satisfied to authorise their participation in research.

In such cases, the appointment of a consultee, a person who is able to advise on the individual's likely wishes and desires regarding participation in research, is recommended.

There are two types of consultee.

A personal consultee is someone who knows the person well, such as a relative or friend. A personal consultee is not paid to care for them in any respect and is not involved in carrying out research.

A person with lasting power of attorney for personal welfare decisions or a person appointed as a deputy by the Court of Protection could be a personal consultee.

If there is no relative or friend available, a nominated consultee is approached who may know the person through working with them as their paid carer or in another professional capacity, such as their doctor or social worker.

When recruiting consultees, the researcher needs to identify the familiar people in the individual's life and inform a relevant other person about the role of the consultee.

It is essential to ensure that this person understands what the project is about and that their role is to provide advice rather than to give consent.

Additionally, the researcher must emphasise the importance of involving the individual in the process and supporting them in expressing their feelings and wishes throughout.

The consultee is asked to set aside their own views about the research study as far as possible and instead focus on the wishes and feelings of the prospective participant.

They should consider whether the individual might want to take part in the study. In addition, the consultee may advise the researcher on how best to approach and communicate with the person.

It is essential to ensure that the consultee understands what is involved in the research. Their knowledge, experience and observations of the person will help them to advise on the individual's likely wishes and feelings.

To check the consultee's understanding, it may be helpful to ask questions such as:

  • What is the project about?
  • If the person participates, what will they have to do?
  • What might be the benefits or drawbacks for the person?
  • How might the person experience or respond to the study requirements?
  • What are the person's likely wishes or feelings about participation?

If a personal consultee thinks their relative or friend would be interested in taking part in the study, the researcher would like to talk to them further.

If the personal consultee thinks their relative or friend might be interested, but they are not sure they are the best person to talk to about this, then they are asked to help identify someone else who might be prepared to act as consultee.

If the personal consultee thinks their friend or relative would not like to take part in the study, they are asked to inform the researcher.

Last modified: Monday, 26 October 2026, 12:21 PM