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Table 2 Key processes in the the design, conduct and delivery of trials involving adults with impaired capacity

From: Unpacking the ‘black box of horrendousness’: a qualitative exploration of the barriers and facilitators to conducting trials involving adults lacking capacity to consent

Process

Description of process

Making trial design decisions

Decisions about the design of the trial made prospectively (e.g. eligibility criteria) and during the ongoing conduct of the trial (e.g. adaptations following a feasibility study)

Navigating ethical approval

Process of seeking review by a Research Ethics Committee and the challenges of obtaining a favourable opinion. May involve multiple approvals process across the UK nations and beyond for multi-centre multi-national trials

Informing and supporting the participant

Providing information about the trial to a potential participant with a communication disability and/or impaired capacity, and supporting their involvement in making a decision about participation

Assessment of capacity to consent

Assessment of a person’s mental capacity with respect to their ability to make a decision about participating in a trial, in accordance with the process set out in the Mental Capacity Act 2005 or other devolved legislation

Involvement of alternative decision-maker

Process of identifying and consulting an alternative decision-maker (e.g. consultee or legal representative) on behalf of a participant who lacks capacity to consent. In accordance with the legal frameworks, this may involve someone acting in either a personal or professional capacity

Revisiting consent and consultation

Informed consent is an ongoing process which may require revisiting consent and/or consultation with alternative decision-makers due to changes in the participant’s capacity during the trial. This includes in emergency research where a participant may have been recruited without prior consent or consultation