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Consent to Care and Treatment Policy (Adults 18+)

Purpose and Scope

This policy outlines how {{org_field_name}} ensures consent to care and treatment is obtained and respected in accordance with law and Care Quality Commission (CQC) standards. It applies to all staff and volunteers supporting adults (18+) with mental health needs in our service. The policy aligns with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including CQC Regulation 11 (Need for Consent) and Regulation 13 (Safeguarding service users from abuse and improper treatment). By adhering to this policy, the service demonstrates that no care or treatment is provided without the person’s valid consent or other lawful authority. It also ensures that any restrictive practices or potential deprivation of liberty are recognized as safeguarding issues and managed lawfully.

Policy Statement

{{org_field_name}} is committed to upholding each individual’s right to make informed choices about their care and treatment. We will obtain and document consent for all care interventions, respecting the autonomy and preferences of the people we support. Where a person lacks the mental capacity to give informed consent, we will act in accordance with the Mental Capacity Act 2005 (MCA) and its Code of Practice to ensure decisions are made in the person’s best interests. We have zero tolerance for abuse or unlawful treatment; any use of restraint or restrictive measures must be necessary, proportionate, and in line with legal safeguards. Unnecessary or unauthorised deprivations of liberty are not permitted and would constitute improper treatment under CQC Regulation 13. This policy also incorporates current Deprivation of Liberty Safeguards (DoLS) requirements and anticipates the upcoming Liberty Protection Safeguards (LPS) to ensure ongoing compliance with evolving law.

Legal Framework and Regulatory Compliance

All staff must understand and comply with the relevant laws and regulations concerning consent and capacity, including:

This policy should be read alongside our Safeguarding Policy, Mental Capacity Act Policy, and any Restraint/Positive Behavior Support Policy, to ensure a cohesive approach to consent and safeguarding.

Obtaining Informed Consent

Principle: Every individual has the right to consent to or refuse proposed care and treatment, as long as they have the capacity to do so. Staff will always seek informed consent before providing support or treatment.

Mental Capacity and Best-Interest Decisions

In accordance with Regulation 11 and the Mental Capacity Act 2005, if an individual is 16 or over and unable to give consent because they lack capacity, our staff must follow the MCA’s legal requirements. The following procedures apply:

All staff are expected to be familiar with the MCA Code of Practice and implement its guidance when caring for individuals who may lack capacity. Compliance with the MCA is monitored through care plan audits and supervision.

Consent and the Mental Health Act 1983

Most people using our supported living service are not under formal detention; however, if a service user is subject to the Mental Health Act 1983 (for example, on a Community Treatment Order or guardianship), specific rules about consent to treatment for mental disorder will apply. In such cases, staff and management will:

Where conflict arises between the MHA and MCA (for instance, if a person under MHA lacks capacity and resistances care unrelated to their mental disorder), senior management will seek legal advice or Court of Protection input as needed to ensure lawful and ethical practice.

Deprivation of Liberty Safeguards (DoLS) in Supported Living

Overview: A deprivation of liberty may occur when a person who lacks capacity to consent to their care is under continuous supervision and control and is not free to leave their residence (the “acid test” established by case law). Our policy is to avoid unnecessary deprivation of liberty, but when restrictive care arrangements are required for a person’s safety and well-being, we follow the legal safeguards strictly.

In a care home or hospital setting, the Deprivation of Liberty Safeguards (DoLS) provide a prescribed process to lawfully authorize such arrangements. However, DoLS can only be used for care homes or hospitals. In other settings (like supported living or a person’s own home), a deprivation of liberty must be authorised by the Court of Protection. As a community supported living provider, we cannot apply DoLS ourselves or through the local authority; instead, any necessary deprivation of liberty will be pursued via a Court of Protection order.

Identifying Potential Deprivation of Liberty:

Obtaining Authorisation (Court of Protection):

Monitoring and Review of Authorisations:

By following these steps, we ensure that no service user is deprived of their liberty without lawful authority and that we remain compliant with CQC Regulation 13. The CQC inspectors will expect to see evidence of these authorisation and review processes for any individuals with restrictive care plans in supported living.

Liberty Protection Safeguards (LPS) – Future Alignment

The Liberty Protection Safeguards are a new framework that will replace DoLS and will apply to all care settings, including supported living and an individual’s own home – gov.uk. LPS, once in force, will provide protection for people aged 16 and over who need to be deprived of liberty for their care or treatment and who lack capacity to consent to those arrangements – gov.uk. This policy is written to anticipate and align with LPS in the following ways:

By incorporating these LPS-aligned practices now, {{org_field_name}} ensures a smooth transition once the law changes. In the interim, the existing DoLS and Court of Protection process remains in effect and is followed to the letter. This dual awareness protects individuals’ rights now and in the future.

Consent, Restrictive Practices and Safeguarding

There is a critical link between obtaining consent and safeguarding people from harm or abuse. Any care practice that overrides a person’s will, or limits their freedom, must be rigorously justified and legally sanctioned – otherwise it may constitute abuse or improper treatment. Thus, consent and safeguarding are two sides of the same coin in our service delivery:

By linking consent processes with safeguarding oversight, we ensure that the rights and safety of service users are maintained in tandem. In practice, this means every restrictive care decision triggers a safeguard: an assessment, authorisation, consultation, or review – so the person’s welfare is always at the centre of what we do.

Staff Training and Responsibilities

All staff members, from support workers to managers, have roles in implementing this Consent to Treatment Policy effectively:

Monitoring Compliance and Policy Review

Compliance with this policy will be monitored through:

Policy Review: This policy will be reviewed at least annually, and sooner if there are changes in legislation or guidance (for example, when Liberty Protection Safeguards come into force, or if CQC updates its regulations or expectations). The review process will involve consulting frontline staff and people who use the service (where possible) to gather input on how consent processes are working in practice. Any updates will be approved by the Registered Provider or appropriate governance committee and communicated to all staff. Old versions of the policy will be archived, and training will be provided on the new content as necessary.

References and Guidance

This policy is informed by the following key documents and guidance, which staff can refer to for further detail:

By following this Consent to Care and Treatment Policy, our supported living service ensures that we deliver care in a way that is lawful, respectful of individuals’ rights, and aligned with CQC’s fundamental standards. All staff must adhere to this policy at all times, thereby protecting service users’ autonomy and welfare while meeting our regulatory responsibilities.


Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
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