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HCS49-Consent to Care and Treatment Policy

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Consent to Care and Treatment Policy

1. Purpose

The purpose of this policy is to define how {{org_field_name}} upholds the legal and ethical principles of consent in all aspects of care and support. Our commitment is to ensure that the people we support are fully informed, involved in every decision about their care, and empowered to exercise their right to choose, accept, or refuse care or treatment at any time.

This policy supports our duty to promote autonomy, protect individual rights, and meet the standards of regulatory bodies. It guides our staff in understanding when and how to seek consent, how to support individuals who may have fluctuating or impaired capacity, and how to record and act on consent appropriately.

We are committed to ensuring that no care or treatment is provided without the person’s agreement, unless legally authorised and justified by law.

2. Scope

This policy applies to all staff employed or contracted by {{org_field_name}} who are involved in delivering care or support, including:

It also applies to external professionals and family members who are involved in supporting or representing the people in our care.

The policy relates to all areas of care delivery, including but not limited to:

3. Related Policies

This policy should be read in conjunction with:

4. Legal and Regulatory Framework

Our approach to consent complies with the following laws and guidance:

The HSCS clearly sets the expectation that people should:

This policy also reflects the principles of informed consent, including capacity, voluntariness, and understanding.

5. Policy Statement

{{org_field_name}} is committed to ensuring that consent to care and treatment is:

We ensure that staff are trained and supported to recognise the legal and ethical importance of consent, to respond appropriately where consent is refused or withdrawn, and to act in the person’s best interest where legal authorisation is in place.

6. How We Manage Consent Efficiently and Responsibly

6.1. Obtaining Informed Consent

At {{org_field_name}}, informed consent is sought before any care or support begins. This involves:

We understand that consent is not a one-off event, but an ongoing dialogue. Consent is revisited regularly, particularly during care reviews or when there is a change in the care plan.

If a person refuses care, this is respected and recorded. Staff must never proceed with care against a person’s wishes unless legal authority applies (see section 6.3).

6.2. Supporting People to Give Consent

We ensure that people are supported to give informed consent by:

We train staff to use supported decision-making approaches, which help individuals feel confident in expressing their preferences and understanding their options.

We follow HSCS Standard 2.12: “If I am unable to make my own decisions at any time, the views of those who know my wishes, such as my carer, independent advocate, formal or informal representative, are sought and taken into account.”

6.3. Consent and Capacity

We recognise that not everyone we support will have the same ability to give informed consent, and that capacity can fluctuate over time or vary depending on the decision to be made.

Where there is doubt about an individual’s capacity, the following process is followed:

  1. Staff carry out an informal assessment of capacity relevant to the specific decision
  2. Where appropriate, a formal assessment is requested from a qualified health or social care professional
  3. If the individual lacks capacity and care or treatment is required, the decision is made in accordance with the Adults with Incapacity (Scotland) Act 2000
  4. Staff check whether there is a valid Power of Attorney, guardianship order, or advance directive in place
  5. All decisions are clearly recorded in the care plan and reviewed regularly

Staff are trained to work within legal boundaries and seek management support when capacity is in question. They are reminded that lack of capacity does not mean lack of rights, and all actions must reflect the least restrictive option and the person’s known values and preferences.

6.4. Consent to Share Information

Consent is also required to share information with other professionals or family members. At the point of initial assessment, we:

If a person refuses consent to share information that may impact their safety or wellbeing, we assess whether a duty of care or legal justification overrides that refusal. Such cases are always discussed with a manager and recorded in detail.

6.5. Withdrawing Consent

A person may withdraw their consent at any time, either verbally or in writing. When this happens:

In some situations, such as the refusal of essential medication or personal care, we may involve the individual’s GP, social worker, or advocate to support the person in making an informed decision, while continuing to respect their autonomy.

6.6. Staff Training and Awareness

All staff at {{org_field_name}} receive comprehensive training in:

Consent is discussed in staff supervision and team meetings to ensure good practice is continuously embedded and reviewed.

The SSSC Codes of Practice reinforce that staff must:

7. Roles and Responsibilities

Registered Manager
Has overall responsibility for ensuring that all care delivered by {{org_field_name}} is based on informed consent. This includes overseeing training, monitoring practice, and supporting staff in complex or high-risk decisions.

Deputy Manager and Team Leaders
Support staff in seeking, recording, and reviewing consent. Ensure that care plans reflect consent appropriately and that concerns about capacity or refusal are escalated and addressed.

Care Staff
Are responsible for gaining consent before every care activity, reporting any issues, and maintaining respectful, person-centred relationships.

People We Support
Have the right to be fully involved in all decisions about their care and to give or withhold consent at any time, with appropriate support.

8. Policy Review

This policy will be reviewed annually or sooner if:

Responsible Person: {{org_field_registered_manager_first_name}}{{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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