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DC177-Consent to Care and Treatment Policy and Procedures – Children and Young People

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Consent to Care and Treatment Policy & Procedures – Children and Young People (0–18 years)

1. Purpose

At {{org_field_name}}, we are committed to ensuring that all children and young people receiving our domiciliary care services – whether at home or in the community – are cared for in ways that respect their rights, dignity, and individual needs. This policy outlines our commitment to obtaining valid consent before providing care or treatment to any child or young person, and to making decisions in the child’s best interests in accordance with legal and regulatory requirements. By adapting our adult consent policy to the 0–18 age group, we ensure that both children’s voices and the role of parents or legal guardians are central to our care planning and delivery.

1.1 Upholding Children and Young People’s Rights in Decision-Making

Every child and young person has the right to be involved in decisions about their care to the extent that their age and maturity allow. We recognise that while parents or legal guardians will provide consent for those who are not yet able, children’s views and preferences must still be heard and taken seriously. This policy ensures that:

By upholding these principles, {{org_field_name}} ensures that children and young people feel safe and respected, and that parents and guardians are confident in how we involve them in decision-making.

1.2 Compliance with Legal and Regulatory Requirements

This policy aligns with all relevant legislation, regulations, and best practice guidelines governing consent for minors in health and social care in England. Key frameworks include:

By adhering to these legal frameworks and guidelines, {{org_field_name}} ensures that our consent practices for children and young people are not only ethical and child-centred but also fully compliant with current laws, Care Quality Commission (CQC) regulations, and best practices in children’s social care.

1.3 Commitment to Child-Centred Care and Best Interests

At the core of our approach is a commitment to child-centred care. This means each child or young person is seen as an individual with unique needs, views, and potential. We recognise that children are not miniature adults – their care and consent needs require special consideration. To uphold this commitment:

By placing the child or young person at the centre of all decision-making, while also supporting parents and guardians in their caring role, we ensure our service is responsive, respectful, and aligned with the child’s best interests at all times.

2. Scope

This policy applies to all employees, agency staff, and representatives of {{org_field_name}} who are involved in providing personal care or support services to children and young people (0–18 years) in any setting. This includes care delivered in the child’s own home as well as support in community settings such as parks, libraries, leisure centres, places of worship, schools or clinics (during appointments), youth groups, or during travel to and from such activities. Every member of staff must understand their role in obtaining, verifying, and documenting consent before providing care or treatment to a minor, and in respecting the decisions made by the child (when competent) or their parent/guardian.

The principles and procedures in this policy also guide how we work with external partners and the families of children in our care. While parents and legal guardians are not employees, our staff must collaborate with them and recognize their primary role in decision-making for their children.

Roles covered by this policy include:

2.1 Care Workers and Support Staff

Care workers, support workers, and personal assistants who provide direct care to children and young people are responsible for upholding consent requirements on a day-to-day basis. Their responsibilities include:

Through these actions, front-line care staff play a critical role in making consent a living, ongoing process and in protecting the rights and welfare of the children in our care.

2.2 Managers and Senior Staff

The Registered Manager, Care Coordinators, and other senior staff have a crucial role in implementing this policy and supporting care staff in complex situations. Their responsibilities include:

Managers and senior staff act as guardians of this policy’s implementation, making sure that front-line workers have the knowledge, support, and oversight needed to get consent right every time. They also ensure that difficult situations are handled lawfully and sensitively, with the child’s welfare as the top priority.

2.3 Roles in Assessing Competence and Capacity

When questions arise about a child’s or young person’s ability to consent or make decisions, specific roles and steps come into play:

By clearly defining these roles and processes, {{org_field_name}} ensures that no assumptions are made about a child’s ability to decide. We neither automatically defer everything to parents nor inappropriately burden a child with decisions beyond their understanding. Instead, we assess and support competence and capacity in a structured way, always with the child’s best interests as the guiding principle.

2.4 Administrative and Office Staff

Administrative and office staff, while not directly providing care, play an important role in managing consent documentation and communication:

In essence, administrative staff provide the backbone of documentation and regulatory compliance, ensuring that all consent and legal authority paperwork is in order so that front-line staff can confidently deliver care within the agreed parameters.

2.5 Other Professionals and External Partners

Our work with children often involves collaboration with other professionals and agencies. This policy extends to and informs how we engage with them in matters of consent:

By working collaboratively with these external partners and clearly defining consent-related communications, we ensure consistency and protect the child’s welfare across all settings. All external parties working with {{org_field_name}} are expected to uphold the same high standards of consent and confidentiality that we do.

3. Legal and Regulatory Framework

Our Consent to Care and Treatment Policy for Children and Young People is grounded in the following legal and regulatory frameworks (as updated to the present date):

By embedding these legal frameworks into our policy, we ensure that consent for children and young people is managed lawfully and ethically. All staff are expected to be familiar with the above principles and seek managerial advice whenever they are unsure how a law or regulation applies in a given situation.

(Note: This framework list is not exhaustive; staff should also be mindful of any new legislation or guidance issued after this policy’s last update. Managers will communicate and incorporate such changes through policy reviews and training.)

4. Principles of Consent with Children and Young People

{{org_field_name}} recognizes several core principles that underpin valid and meaningful consent in the context of children’s care. These principles mirror those for adults in many respects (voluntariness, information, specificity, etc.), but with additional considerations given the involvement of parents and the developmental stage of the young person.

4.1 Consent Must Be Voluntary (Free from Coercion)

Consent is only valid if given freely. For children and young people, this principle applies to both the child (if they are old enough to express a view) and their parent or legal guardian:

By guarding against coercion, we uphold the integrity of consent. The goal is that any “yes” to care or treatment is genuine and unpressured, coming from trust and understanding, not fear or force.

4.2 Consent Must Be Informed

A consent decision is only meaningful if it’s based on adequate information. We must ensure that parents/guardians and, when appropriate, the child or young person, have all relevant information presented in a way they can understand. Key aspects include:

In practice, “informed consent” is a process, not a single event. We often need to explain things more than once and encourage questions. We document that we have provided information and the individual appeared to understand (or note if they did not). By ensuring consent is informed, we uphold the ethical standard that consent is not just a formality, but a knowledgeable choice.

4.3 Consent Must Be Specific and Time-Limited

Consent in our context is not a blanket permission forever—it must be specific to particular interventions and is valid only for a defined period or circumstance. We observe the following:

By ensuring consent is specific and time-limited, we avoid “blank cheque” consents and maintain clear boundaries of what has and has not been agreed. Families thus remain in control of the caregiving process for their child, and young people remain in control of decisions they are capable of making.

4.4 Assessing Capacity or Competence When Necessary

Because minors are involved, determining who can give consent (child or parent) depends on the child’s age, maturity, and mental capacity. Staff must always consider whether the child or young person is able to understand and decide for themselves, and if there’s any doubt, carry out an appropriate assessment:

When there is doubt about a child’s capacity or competence, the default is to assume they do not have full capacity until an assessment indicates otherwise (this is slightly different from adults, where we assume capacity – but with children, developmental maturity is a factor). We then proceed with appropriate safeguards, always documenting the rationale for our decision on who consents.

4.5 Consent Is Ongoing and Can Be Withdrawn at Any Time

Consent is not a one-off event; it is a continuous, revocable agreement that can change as circumstances change. For children’s services, this principle means:

In summary, consent is an ongoing conversation. We periodically reconfirm consent during care reviews or even informally (“Is everything still okay with the plan we discussed?”). We remain alert and responsive to any indication that a parent or child is no longer comfortable with something. By doing so, we honor their autonomy and maintain trust.

5. Decision-Making Procedures for Care of Children and Young People

This section outlines how {{org_field_name}} puts the above principles into practice, with step-by-step procedures and guidance for common scenarios. Our aim is to support sound decision-making that respects the child, empowers the family, and meets legal obligations.

5.1 Supporting Children’s Involvement in Decision-Making

We are committed to helping children and young people participate in decisions about their care to the fullest extent possible. This means creating an environment and using methods that make it easier for them to understand and express themselves:

By proactively supporting children’s involvement, we ensure that care is not something merely “done to” them but a collaborative process in which they are active participants as much as possible. This leads to better outcomes and a stronger sense of trust and empowerment.

5.2 Assessing Gillick Competence (Under 16) in Practice

When a child under 16 seeks to make a significant decision about their care or treatment, or when we feel they may be mature enough to have a say beyond what is typical for their age, we carry out a Gillick competence assessment. Here’s how staff approach this:

In summary, assessing Gillick competence is about recognizing and empowering those young people under 16 who have the maturity to make their own decisions, while continuing to safeguard their welfare. It’s a delicate balance, but one that is crucial for respecting young people’s rights.

5.3 Decision-Making for 16–17-Year-Olds under the Mental Capacity Act

For 16 and 17-year-olds, the law generally treats them more like adults regarding consent to treatment and care. We presume a 16+ young person has capacity to make decisions about their care, unless evidence suggests otherwise. Our procedures for 16–17-year-olds are:

By handling 16 and 17-year-olds in line with the MCA, we ensure this transitional age group is given autonomy where appropriate and extra support where needed. It readies them (and us) for adult services while still recognising the continuing role of family and children’s services in their lives until 18.

5.4 Best Interests Decision-Making When a Child Cannot Consent

When a child (whether under 16 and not Gillick competent, or 16–17 and lacking capacity) cannot make their own decision, any decision about their care or treatment must be made in their best interests. The concept of “best interests” for children aligns with the Children Act’s welfare principle and, for those 16+, the MCA’s best interests checklist. Our procedure is:

Our approach ensures that when children cannot decide for themselves, they still receive thoughtful, person-centred decision-making that strives to mirror what they would choose if they could, and what maximizes their well-being and happiness.

5.5 Involvement of Parents, Guardians, and Care Authorities

Decisions for children inherently involve those who care for them and have legal authority for them. It is crucial to clarify and respect the roles of parents, legal guardians, and (for looked-after children) the local authority or foster carers in consent matters:

By clarifying roles and maintaining good communication, we aim to ensure that there’s no confusion about who decides what, and that the child’s care proceeds with all necessary approvals in place. This collaboration with those who have the child’s legal and personal interests at heart builds a safety net around the child, ensuring consistent and lawful care.

5.6 Right to Refuse Care and Managing Refusals

Both children (when competent) and parents/guardians have the right to refuse recommended care or services. Respecting this right is fundamental, even if the decision might not be what we as professionals would prefer. Our approach to refusals is as follows:

By handling refusals respectfully and systematically, we maintain ethical standards and good relationships. Everyone has the right to say no, and our job is to ensure that “no” is honored while still doing all we can to keep the child safe and healthy within the bounds of that decision.

5.7 Identifying and Responding to a Potential Deprivation of Liberty

In providing care and supervision to keep children and young people safe, there’s a risk (albeit rare in domiciliary settings) that our interventions could become so restrictive that they amount to a deprivation of liberty. This is a legal concept meaning the person is under continuous supervision and not free to leave, which normally triggers formal safeguards. While typical home care rarely meets this threshold, we stay vigilant, especially for older teenagers with severe disabilities or complex needs, and some younger children in extraordinary circumstances. Our approach:

Our ultimate goal is to never deprive a child or young person of liberty unless absolutely no other safe option exists – and if it does, to minimize the duration and impact of such measures. We treat any child under restrictive measures with utmost compassion, regularly reviewing to see if we can restore more freedom as their condition or environment improves. This is in line with human rights obligations and our person-centred values.

6. Obtaining and Documenting Consent

Having established who can consent and under what conditions, this section describes how we go about actually obtaining consent and ensuring it’s properly recorded. Good documentation of consent protects the child, family, and our staff by making clear what was agreed and when.

6.1 Explanation of Care, Risks, and Alternatives

Before we ask anyone to consent to a care plan or specific intervention, we must first ensure that they have a full understanding of what they are agreeing to. The explanation process typically covers:

a. Nature of the Care or Treatment – We start by describing the care in plain terms: what will be done, how, when, where, and by whom. For example, if the service involves personal care, we explain which tasks (bathing, toileting, dressing, menstrual care, etc.) and at what times of day. We might say, “Our care worker will come every morning at 7:30 to help John out of bed, get washed, and dressed for school. This usually takes about 45 minutes.” If equipment is used (hoists, feeding tubes), we show it and explain its purpose (“This is a hoist that helps lift and move him safely from bed to wheelchair. It will support his weight so no one gets hurt.”). If treatment is involved, like wound care or medication administration, we detail the procedure (frequency, route, any sensations the child might feel). We also clarify who will deliver care: their qualifications and that all are DBS-checked. This helps build trust. We encourage families to meet the care staff beforehand if possible, to discuss any details or demonstrations.

b. Potential Benefits – We outline how the proposed care will help the child or young person. For instance, “Having a care worker assist with exercises each day will help improve Sam’s muscle strength and prevent stiffness, so he can be more comfortable and possibly gain more mobility over time.” For supportive outings, benefit might be social inclusion and learning life skills. We connect the care to goals that matter to the child/family, like improved health, comfort, development, or family respite. If applicable, we mention any evidence or professional recommendations behind it (e.g., “The physiotherapist advised these exercises to prevent contractures, which can cause pain, so doing them daily with our help is beneficial.”). Seeing tangible benefits makes it easier for parents and young people to say yes.

c. Risks or Discomforts – We honestly and sensitively discuss any risks or downsides. No intervention is entirely risk-free. If we’re administering medication, we mention common side effects to watch for. For physical support, we note risks like possible falls during transfers (and how we mitigate that with proper technique and equipment). If we will handle intimate care, we acknowledge the potential for emotional discomfort or embarrassment and assure that we maintain dignity and privacy at all times (like using towels to cover the child, etc.). For invasive procedures (like feeding tubes, injections), we describe any pain or discomfort and how we minimize it (numbing creams, gentle techniques). Also, if there are broader risks, like infection risk in wound care, we explain our hygiene measures to counter that. It’s important families hear these from us upfront rather than feeling they were not warned. We frame risks realistically – not to scare, but to prepare. We encourage questions, like “Do you have any concerns about this process?” Sometimes a parent’s “risk” concern might be less medical and more personal, e.g., worry about loss of privacy – we address those too.

d. Alternatives Available – If there are alternative ways to meet the child’s needs, we inform them. For example, if a child needs feeding support, alternatives might be: parent continues doing it, our staff do it, or using a different tool like special utensils. If the family is unsure about a service, perhaps an alternative is fewer days a week or trying it for a trial period. We make it clear that accepting our service is not the only path: “You could manage all care on your own without our help – many families do – but it might be tiring and you might not get breaks. Or you could hire a private nanny instead of our trained staff, though they might not have the clinical training if needed.” We also mention what happens if they refuse the care altogether: “If you decide not to have a care worker help, then [child] might miss school more often due to not getting ready in time, or you may injure your back lifting him alone. But of course, it’s your choice; we just want you to have the full picture.” By discussing alternatives, we empower the family to weigh options. We ensure they know that saying no is an alternative we will respect (though we’ll outline any likely consequences to health or well-being).

During this explanation phase, staff should pay attention to non-verbal cues – are the parents nodding, looking confused, upset? Is the child fidgeting or frightened at some description? We pause and address those: “I see this is a lot of information – take your time” or to a child “It looks like you’re worried; want to tell me what part bothers you?” After explaining, we often summarize and double-check understanding: “Could you tell me in your own words what you understand about what will happen? I want to make sure I was clear.” We also provide written materials if available (like a leaflet on the condition or a summary of the care plan) for them to review later. Only once we are satisfied that the family (and young person, if appropriate) has a clear understanding do we proceed to ask for consent. An informed “yes” at this point is what we seek – and if we sense they are not yet fully informed or comfortable, we do not push for a decision until we’ve done our due diligence in explaining or resolving concerns.

6.2 Types of Consent: Parental, Child’s Assent, Verbal, Written, and Implied

Consent can be communicated in different ways. We recognize and accept various forms of consent, depending on the situation and the level of formality required. In all cases, we ensure that the consent comes from an appropriate person (parent/guardian or competent young person) and is properly noted. The main types include:

a. Written Consent – This is the most formal type and involves a signed document. We seek written consent for significant aspects of care or where required by regulation. For example: signing the initial care agreement and plan (where the parent/guardian or competent 16/17-year-old signs to indicate they consent to the outlined services), consent for specific medical treatments or interventions carried out by our staff (like administering medication, or using a feeding tube), and consent for sharing information with third parties (GP, school, etc.). Written consent is also obtained for any photography or video recording (e.g., taking a photo of a wound to send to a nurse – we ask permission first). The advantage of written consent is clarity – everyone knows what has been agreed to. We use forms that include the child’s name, the specific service/intervention, any key information (like acknowledging understanding of risks), and space for signature of the parent or young person (and sometimes a witness/staff signature). These forms are stored in the care record. We explain anything on the form that’s unclear before asking them to sign, and we never rush signing – we can leave a form with them to consider if needed.

b. Verbal Consent – Day-to-day, much of our consent process is verbal. A parent might say over the phone, “Yes, you have my permission to take Jamie to the clinic appointment tomorrow.” Or a teenager might tell their care worker, “I’m okay with you helping me comb my hair now.” Verbal consent is appropriate for routine tasks that are part of the agreed care plan, or for minor changes that come up (like adjusting a visit time, or spontaneously deciding to go for a walk with the child if weather permits). Staff are trained to always seek at least verbal confirmation from the immediate decision-maker (“Shall we go ahead with your shower now? Is that alright?”). While verbal consent is less formal, it’s still valid if informed. We make a quick note in daily records of any noteworthy verbal consents or refusals (“Parent gave verbal consent for outing to park today during visit.”). If a decision was discussed in a meeting and verbally agreed, minutes of that meeting serve as documentation. Should any confusion later arise (“I didn’t realize I agreed to that!”), our notes help clarify. It’s important staff use clear language when obtaining verbal consent – not just “We’re doing X now” but “May we do X now?” or “Is it okay if we…?” – truly giving the person a moment to say yes or no.

c. Implied Consent – Implied consent is understood from actions rather than words. In context of care, if a parent brings their child to the door and lets our worker in at the scheduled time, we interpret that as implied consent to start the routine for that day (since they haven’t said no and are facilitating it). If a child lifts their arms when the care worker says “Let’s put on your shirt,” that’s an implied agreement to proceed with dressing them. Implied consent is often seen in younger kids or non-verbal individuals who show cooperation through body language. However, we have to be careful: implied consent is valid only if it’s clear and not ambiguous. A smile and a nod can imply yes; silence or lack of resistance might not be enough if the person is shy or afraid to object. Staff are trained not to read implied consent in the absence of any explicit or enthusiastic cooperation. We always prefer a verbal yes if possible. Implied consent is mainly relevant in continuing tasks – for example, we don’t ask every single time to do a repetitive motion in a therapy exercise if the child is clearly following along, because their continued participation implies ongoing consent. But if at any moment the child’s body language changes to resistance (pulling away, frown, crying), that implied consent is withdrawn and we stop to check in. Documentation of implied consent is tricky – usually we just note that the task was completed with the child’s cooperation. If there was any doubt, we would have paused, so proceeding and completing is evidence that consent (at least assent) was present.

d. Child’s Assent vs. Consent: We should clarify that often, especially for children not old enough to give legal consent, we seek their assent – which means the child’s agreement or willingness, even if the legal consent comes from the parent. While not legally required, a child’s assent is ethically important. For example, a parent may consent to a vaccination, but we still might ask the 10-year-old, “Is it okay if the nurse gives you the injection now?” If the child assents (maybe nervously but saying “okay” or holding out their arm), it makes the process smoother. If the child vehemently dissents (screams “No!” and hides), we wouldn’t hold them down (unless it’s critical emergency) – instead we’d pause and discuss with the parent on how to proceed, possibly delaying to another time or using techniques to reduce fear. We document if a planned intervention didn’t occur due to child’s dissent, and make a new plan.

Important Considerations: In all forms, consent should never be presumed. If there is any doubt whether consent has been given or is still in effect, staff must stop and clarify. For instance, if a usually cooperative child is unusually withdrawn and not responding, don’t just proceed on auto-pilot – gently ask if they’re okay with continuing. Additionally, non-communication is not consent – e.g., a non-verbal older child who doesn’t resist might still be uncomfortable, so we look for other cues or find alternative means to confirm they’re okay (like asking them to squeeze our hand for yes, or checking with parent if the child seems off that day). Finally, for any high-risk or invasive procedure, implied consent is generally not sufficient – we want explicit (verbal or written) consent. We use implied consent mostly for low-risk daily activities where it’s practical (like a toddler raising their arms to be picked up implies consent to lift them).

By recognizing these forms and when each is appropriate, we maintain flexibility in our interactions (not everything needs a form every time), while also ensuring we have the right level of proof and clarity for more significant matters.

6.3 Regular Review of Consent

Consent is not static. Especially in a child’s world, things change – children grow, health conditions evolve, family circumstances shift – all of which can affect earlier consent decisions. Therefore, we implement a process of regular review:

a. When to Review Consent:

b. Documentation of Consent Reviews:

In summary, reviewing consent regularly helps ensure that our services remain in line with the current wishes and best interests of the child and family. It is a chance to catch any dissonance (“We didn’t realize you were uncomfortable with that—let’s fix it now”) and to reaffirm mutual understanding, thereby preventing future conflicts or surprises.

6.4 Best Practices for Documenting Consent

Documenting consent is as important as obtaining it. Proper records provide proof that we followed due process and serve as reference for staff and external parties (like inspectors or health professionals) about what has been agreed. Our best practice guidelines for documentation include:

By diligently documenting consent, we maintain transparency and accountability. It ensures continuity of care (any staff member reading the file can immediately know what’s allowed and what isn’t) and provides legal protection because it evidences compliance with consent laws and guidelines.

6.5 Documentation for Potential or Authorised Deprivation of Liberty

In the uncommon event that a child or young person’s care plan involves restrictions amounting to a deprivation of liberty (discussed in 5.7), our documentation must be especially thorough and meticulous. This is both for legal compliance and oversight. Our records for such cases include:

By maintaining comprehensive documentation for deprivation of liberty cases, we create transparency and allow external scrutiny (by CQC, by child protection officers, by the court in reviews). It demonstrates that we understand the gravity of depriving liberty and are fulfilling all legal requirements while caring for the child’s needs and striving to reduce restrictions whenever possible.

7. Consent and Data Protection

Obtaining consent doesn’t just apply to care and treatment; it also extends to how we handle the personal and health information of children and their families. Confidentiality is a cornerstone of our service, and we adhere to data protection laws which intersect with consent. This section outlines how we protect private information and the scenarios in which we may share data, with or without consent.

7.1 Consent for Sharing Personal and Health Data

We collect and use a range of personal information about the children and families we support – from basic details (name, address, date of birth) to sensitive health and social care information (diagnoses, care plans, reports from other professionals). Under the GDPR and Data Protection Act 2018, we must have a lawful basis to process and share this data. Often, that basis in social care is consent (especially for sharing information beyond the core care team) or legitimate interests/duty (like safeguarding). Key practices include:

Types of Protected Data: Personal identifiable data (name, DOB, address, etc.), health data (diagnoses, medications), social care info (family background, safeguarding notes), and even things like photos or videos of the child (these are personal data too). We consider all of these within the scope of needing consent or careful handling.

By treating information sharing with the same respect as hands-on care, we maintain trust. Many families entrust us with very sensitive information, and part of respecting them is ensuring that info isn’t shared loosely or without their knowledge.

7.2 Compliance with GDPR and the Data Protection Act 2018

We abide by the core principles of data protection law in all our handling of children’s and families’ data. In practice, our adherence looks like this:

Additionally, children’s rights under GDPR are acknowledged. For children mature enough, they have rights like subject access (to see their data), to rectify errors, and sometimes to have data erased or restrict processing if appropriate. Usually parents exercise these rights for younger kids. We have procedures in place: if someone requests their records, we handle it within legal timeframes, making sure not to release third-party info without consent. We rarely deal with things like a 17-year-old asking to delete data, but if, say, a care leaver at 18 requested deletion of some records, we’d consider if we can (bearing in mind legal reasons we might need to keep some record of care given, one can’t usually fully delete care records due to safeguarding). However, things like removing them from a contact list or correcting an error are straightforward and we comply quickly.

By following these principles, we ensure that the information entrusted to us is respected and safeguarded, maintaining families’ trust and meeting our legal obligations.

7.3 Data Security and Confidentiality Measures

To protect the sensitive information of children and families, we enforce strong data security and confidentiality practices among all our staff. Key measures include:

In essence, we treat personal data with the same care as we treat the person themselves – with respect and protection. These security measures help prevent accidental or malicious breaches that could harm our service users or our organisation’s trustworthiness.

7.4 When Data Can Be Shared Without Consent (Exceptions)

While our standard practice is to obtain consent for sharing information, there are particular situations where we are legally or ethically allowed – even obligated – to share personal information without consent. Staff must understand these exceptions so they can respond appropriately when they arise. The primary exceptions include:

Whenever we share without consent, we follow a “need-to-know” principle: share only with the people who need to know and only the details necessary. We then document what was shared, to whom, when, and under what justification (e.g., “Called duty social worker at 5:00 pm, provided details of unexplained bruises and child’s statement, as safeguarding referral.”). We also usually inform the family that we have shared information, unless doing so would further endanger someone (like informing an abusive parent about a referral could escalate risk – in such cases the authorities guide us on not tipping off). But generally, transparency is maintained when safe – for trust and honesty.

These exceptions are in place because confidentiality is never absolute; the welfare of the child and others can override it. Staff understand that they should not hesitate to share info in these scenarios out of misplaced loyalty to confidentiality, but nor should they breach privacy without strong justification. It’s a careful judgement area, which is why training and sometimes consultation with a senior (like a safeguarding lead or manager) is encouraged if time permits. Ultimately, by knowing these rules, we ensure that we don’t let confidentiality become a barrier to safety or justice.

8. Training and Staff Responsibilities

To implement this policy effectively, {{org_field_name}} ensures that all staff are well-trained and aware of their duties regarding consent and the care of children and young people. A knowledgeable and responsible workforce is essential for maintaining high standards and complying with the law.

8.1 Mandatory Training on Consent and Capacity for Working with Children

All staff who work in our service (from frontline care workers to managers) receive training that covers the critical aspects of consent as it applies to children and young people, as well as related legal and ethical frameworks. Key components of training include:

This training is not a one-off. New hires receive it as part of induction (with child-specific modules if they come from adult care backgrounds), and we refresh it periodically (usually annually or whenever laws change). We may also provide additional targeted workshops if we notice areas of practice that need reinforcement – for example, if we find staff are unsure about assessing competence, we might do a focused session with case discussions.

By making consent a prominent part of mandatory training, we embed it in our care culture so that every staff member, from carers to drivers to admin, understands how critical it is to respect and uphold the choices and rights of the children and families we serve.

8.2 Managerial Responsibilities for Compliance

Managers and senior staff have a key role in ensuring that this consent policy is not just paper, but practice. Their responsibilities include oversight, support, and intervention when necessary:

Managers also often liaise with external agencies (social services, health partners) and thus help maintain a consistent multi-agency approach to consent and information-sharing. They ensure that any inter-agency protocols (like consent for sharing an Education, Health and Care Plan with us) are followed and that our policy dovetails with those of others for continuity in the child’s journey.

In sum, managerial vigilance and leadership ensure that the principles of this policy filter down to every interaction. Compliance is not left to chance or solely individual ethics; it’s actively managed.

8.3 Monitoring Compliance and Continuous Improvement

To ensure that our consent practices remain effective and up to standard, {{org_field_name}} engages in ongoing monitoring and quality improvement activities. This not only catches any issues early but also drives us to refine our approach as needed. Key elements include:

Through these monitoring and improvement processes, we demonstrate to regulators like CQC that we don’t just have a policy on paper, but an active system for making sure it’s followed and evolving. Moreover, it ensures that families consistently receive high-quality, rights-respecting service – and if we ever fall short, we catch it and correct course promptly.

9. Monitoring and Review of this Policy

To maintain the effectiveness and relevance of the Consent to Care and Treatment Policy for Children and Young People, {{org_field_name}} will review and update it regularly:

By vigilantly reviewing and monitoring this policy, we ensure that it remains a living document – one that evolves with the legal landscape and our service context – always aiming to provide the best possible framework for ethical and person-centred care of children and young people.

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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