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Registration Number: {{org_field_registration_no}}

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Consent to Dental Treatment Policy

1. Purpose

The purpose of this policy is to ensure that all people supported by {{org_field_name}} receive safe and appropriate dental care only after valid, informed consent has been obtained in accordance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and the Mental Capacity Act 2005. This policy outlines how we respect autonomy, uphold legal and ethical standards, and protect the rights of individuals, especially those who may lack capacity, when accessing dental treatment.

2. Scope

This policy applies to all staff employed by {{org_field_name}}, including care workers, managers, agency staff, and those responsible for supporting or facilitating access to dental treatment. It also applies to any external dental practitioners who provide care to people supported by our service within a domiciliary or clinic setting.

3. Related Policies

• CH07 – Person-Centred Care Policy
• CH08 – Dignity and Respect Policy
• CH09 – Consent to Care Policy
• CH13 – Safeguarding Adults from Abuse and Improper Treatment Policy
• CH27 – Staff Supervision, Training, and Development Policy
• CH36 – Initial Assessment and Care Planning Policy
• CH39 – Mental Capacity and Deprivation of Liberty Safeguards Policy
• CH42 – Communication and Engagement with Service Users and Families Policy

4. Policy Statement and Responsibilities

Legal Framework and Best Practice
Under Regulation 11 – Need for Consent, care or treatment must not be provided without the consent of the person, unless it is provided under lawful authority or in the person’s best interests in line with the Mental Capacity Act 2005​. This includes dental treatment ranging from routine check-ups to emergency care and invasive procedures. Staff must always presume capacity unless proven otherwise and follow a clear, structured process for gaining and documenting consent.

Types of Consent
Consent may be:

• Verbal: Agreement given verbally for routine procedures such as assistance with oral hygiene or dental check-ups
• Written: Required for more complex or invasive procedures, particularly when arranged through dental professionals
• Implied: By action (e.g., opening mouth), but only appropriate where the person has full capacity and the procedure is low risk
  Staff must be trained to recognise the appropriate form of consent for each situation and ensure it is documented clearly in care records.

Capacity Assessment
If there is any doubt about a person’s capacity to consent to dental treatment, a capacity assessment must be carried out in accordance with the Mental Capacity Act 2005. This must be:

• Decision-specific (focused on the particular treatment)
• Conducted by someone familiar with the person and appropriately trained
• Documented in full
  Where a person is assessed as lacking capacity, any decision made must be in their best interest, and the process must involve family members, friends, or advocates as appropriate. The principles of the Mental Capacity Act, including the least restrictive option, must guide all decisions.

Best Interest Decisions and Advocacy
If the person is unable to consent, the dental treatment can only proceed if:

• It is clearly in their best interest
• It has been discussed with those close to the individual
• A formal best interest meeting has been held for major treatments
• An Independent Mental Capacity Advocate (IMCA) is involved where there is no family or friend to represent the individual
  In all cases, the reasons for the decision, who was involved, and the outcome must be recorded in the care file.

Emergency Situations
In dental emergencies where a delay could result in serious harm or death, treatment may be provided without prior consent under the doctrine of necessity. Staff must still follow best practice, including notifying family/representatives, documenting the event thoroughly, and arranging follow-up care.

Role of Staff and Dental Practitioners
All care staff have a responsibility to support individuals in understanding proposed dental treatment. This includes:

• Explaining procedures in plain language or using visual aids
• Supporting communication via interpreters or speech tools where required
• Helping to arrange transport, appointments, and follow-up care
  Dental practitioners are responsible for obtaining informed consent prior to any treatment. {{org_field_name}} will provide relevant care plans, capacity assessments, and risk information to dental teams and support people we care for in understanding the process.

Training and Competency
Staff receive training on:

• The principles of informed consent
• The Mental Capacity Act 2005 and best interest decision-making
• Communication skills for discussing treatment options
• Legal and ethical considerations in supporting healthcare access
  Supervision and appraisal will include review of staff understanding and application of consent processes.

Communication and Documentation
Consent must always be clearly recorded in the person’s care plan, detailing:

• The type of dental treatment
• Who gave the consent and when
• Any communication or support provided
• Capacity assessment outcomes, where applicable
  This ensures accountability, clarity, and compliance with Regulation 17 – Good Governance​.

Safeguarding and Human Rights
Forcing or misleading a person into dental treatment may constitute abuse or unlawful treatment under Regulation 13 – Safeguarding​. {{org_field_name}} is committed to a zero-tolerance approach to any form of coercion, discrimination, or degrading treatment. We support people to make their own choices wherever possible, uphold their dignity, and protect their legal rights.

Monitoring and Audit
The Registered Manager will audit consent documentation and capacity assessments as part of routine quality assurance. Trends in refusals or complications will be reviewed to improve practice and training. CQC inspectors are welcome to view anonymised examples of our consent processes upon request.

5. Policy Review

This policy will be reviewed annually or sooner if prompted by changes in legislation, dental regulations, or feedback from stakeholders. Updates will be communicated to all staff and implemented via training and supervision.

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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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