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Registration Number: {{org_field_registration_no}}

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People Taking Positive Risks Policy

1. Purpose

The purpose of this policy is to support and enable the people we support at {{org_field_name}} to make informed choices about taking positive risks that enhance their independence, autonomy, and quality of life. This policy ensures that risk-taking is managed in a person-centred, proportionate, and legally compliant way, in line with Regulation 9 – Person-Centred Care, Regulation 12 – Safe Care and Treatment, and the principles of the Mental Capacity Act 2005.

2. Scope

This policy applies to all staff employed or contracted by {{org_field_name}}, including care workers, team leaders, and managers who support individuals to make daily decisions that may involve positive risk-taking. It also guides how we involve families, advocates, and professionals in the risk decision-making process.

3. Related Policies

• CH07 – Person-Centred Care Policy
• CH09 – Consent to Care Policy
• CH11 – Safe Care and Treatment Policy
• CH13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CH18 – Risk Management and Assessment Policy
• CH27 – Staff Supervision, Training, and Development Policy
• CH39 – Mental Capacity and Deprivation of Liberty Safeguards Policy

4. Policy Statement and Responsibilities

Understanding Positive Risk-Taking
Positive risk-taking is the process of supporting individuals to make choices that involve risk but which may lead to positive outcomes, such as improved well-being, independence, or social inclusion. {{org_field_name}} acknowledges that risk is an inevitable and necessary part of life and that overly restrictive practices can harm dignity, development, and personal satisfaction. Our approach balances safety with empowerment, giving people the opportunity to grow and lead fulfilling lives.

Legal and Ethical Framework
All risk decisions are made within the legal framework of the Mental Capacity Act 2005, Health and Social Care Act 2008, and associated CQC regulations. Key principles include:

• Presuming capacity unless proven otherwise
• Supporting individuals to make their own decisions
• Enabling unwise decisions where capacity is present
• Acting in the person’s best interest if they lack capacity
• Using the least restrictive option possible
  Our risk approach promotes autonomy while ensuring compliance with safeguarding and duty of care obligations.

Person-Centred Risk Assessment
Risk assessments must be collaborative, dynamic, and person-specific. Staff must:

• Identify the person’s goals, preferences, and values
• Assess potential benefits alongside risks
• Explore what matters most to the individual
• Identify ways to reduce or manage the risks without removing the opportunity
• Record the assessment and agreement in the care plan
• Review the plan regularly or after a change in circumstances
  We use a strengths-based approach that focuses on what the individual can do with appropriate support.

Examples of Positive Risk
Examples of positive risk-taking may include:

• Choosing to cook meals independently despite physical challenges
• Going out unaccompanied in the community to promote independence
• Forming new relationships, including romantic or sexual relationships
• Managing one’s own medication with support
• Engaging in new activities that enhance physical or emotional well-being
  Each situation is evaluated individually, with input from the person and relevant stakeholders.

Involving Families, Advocates, and Professionals
Where appropriate and with consent, families, legal representatives, advocates, and health professionals are involved in the risk decision-making process. In cases where the person lacks capacity, a formal best interest decision is made, ensuring that their wishes, feelings, and known preferences are central to the outcome.

Recording and Documentation
All risk-related decisions must be fully documented in the care plan, including:

• The identified risk and rationale for taking it
• The person’s views and level of understanding
• The support or adaptations needed
• The agreed actions, responsibilities, and contingency plans
• Evidence of consent or best interest decisions
  This ensures transparency, accountability, and consistent communication across the care team.

Staff Training and Competency
All staff receive training in:

• Risk assessment and management
• Person-centred planning
• Mental Capacity Act 2005 and best interest decisions
• Safeguarding and balancing risk vs. protection
  Training is refreshed annually and supervised through regular reviews, observations, and reflective practice.

Safeguarding and Risk
Taking positive risks is not the same as neglecting duty of care. If a decision poses a serious risk of harm to the person or others and cannot be mitigated, staff must follow safeguarding procedures and report the concern to the Safeguarding Lead ({{org_field_safeguarding_lead_name}} – {{org_field_safeguarding_lead_role}}). The goal is always to find ways to enable the person’s choices safely, not to deny them unnecessarily.

Incident Review and Learning
If a risk results in harm or an adverse outcome:

• Staff must follow incident reporting procedures under CH24
• A review is conducted to identify what went wrong, what was learned, and how future risks can be better supported
• The person is involved in the review wherever possible
• The Registered Manager assesses whether duty of candour obligations apply under Regulation 20
  This supports a culture of openness, learning, and continuous improvement.

5. Policy Review

This policy will be reviewed annually or sooner in response to regulatory changes, safeguarding incidents, or service developments. Updates will be communicated through staff training and team meetings to ensure consistent understanding and application across {{org_field_name}}.

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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}}
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